임대차보증금반환
1. Defendant C’s KRW 28,506,144 as well as 5% per annum from August 1, 2013 to December 4, 2014.
1. Basic facts
A. On February 20, 2012, the Plaintiff entered into a lease agreement with Defendant C to lease KRW 60,000,000 with the term of the contract from March 19, 2012 to March 18, 2014; and KRW 60,000,000 with the term of the lease deposit from March 19, 2012 to March 19, 2012.
B. On October 19, 2009, Seoul Dairy Cooperative made a registration of establishment of a collateral of KRW 36,000,000 on the instant real estate with the debtor Defendant C.
C. On July 22, 2013, Seoul Dairy Cooperative applied for a voluntary auction based on the registration of the establishment of the above neighboring real estate, and this court rendered a decision to commence voluntary auction as to the instant real estate on July 22, 2013, and the Plaintiff removed from the instant real estate on July 2013 and terminated the instant lease agreement.
On May 17, 2012, Defendant B registered the establishment of a mortgage of KRW 30,00,000 on the instant real estate with Defendant C as the debtor. On May 9, 2013, Defendant B transferred the said right to the Plaintiff’s mother F with the intent to secure the right to return the lease deposit of this case.
E. The Plaintiff received dividends of KRW 22,00,000 as a lessee of small amount in the above auction procedure, and F was distributed KRW 9,493,856 based on the transferred collateral security.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. According to the facts of the above recognition of the claim against Defendant C, the Plaintiff may be found to have received the refund of KRW 31,493,856 (= KRW 22,00,000,000) out of the lease deposit of this case. As such, Defendant C is the date of delivery of a copy of the complaint of this case from August 1, 2013, which the Plaintiff sought after the delivery of the instant real estate, to the Plaintiff.