건물명도 등
1. Of judgment in the first instance, request for extradition, registration of cancellation of chonsegwon, and registration of cancellation of chonsegwon;
1. Basic facts
A. While the Plaintiff and Defendant B have been engaged in money transactions from around 2008, the Plaintiff entered into a lease agreement with the Plaintiff on May 27, 2008 with respect to the real estate indicated in the attached Form with the Defendant B, with the lease deposit of KRW 10,000,000, monthly rent of KRW 500,000, the lease term of KRW 120,000 from July 12, 2008 to July 11, 2013 (hereinafter “existing Defendant B’s lease agreement”), and the Defendant B paid the said lease deposit and obtained the said lease deposit and possessed the said real estate until now.
B. After that, on January 12, 2011, the Plaintiff entered into a lease agreement with Defendant B on the deposit for the lease of KRW 120,000,000 as well as the lease period from January 12, 2012 to January 11, 2016 (hereinafter “Defendant B’s lease agreement”).
In addition, on January 18, 201, the Plaintiff completed the registration of the establishment of the instant chonsegwon on the ground of the contract to establish the same date (120,000,000 won for lease on a deposit basis, the entire scope of the building, and the duration of the building from January 12, 2012 to January 11, 2016) to Defendant B as to the real estate stated in the attached Form.
C. Meanwhile, on January 18, 201, Defendant B entered into a contract on the creation of chonsegwon (the maximum amount of claim 54,000,000 won) with respect to the instant chonsegwon with Hyundai Capital on the same day, and on the same day, Defendant B completed the registration of establishment of chonsegwon (hereinafter “mortgage on chonsegwon”) under Article 1284 on the ground of the receipt of the Incheon District Court’s 1284 registry office, which received from Hyundai Capital Capital, and Defendant B paid KRW 43,475,030 to the Plaintiff for the loan (the principal of the loan was KRW 45,00,000,000, the loan period was 36 months, the loan period was 7.81%, the delayed interest rate was 17.81%, and the loan was hereinafter “instant loan”).
On May 20, 2012, Defendant C entered into a lease agreement between Defendant B and C with the end of May 19, 2014, for the lease deposit of KRW 65,000,000 and the lease term of KRW 65,00,00,00 with respect to Nos. 5 and 106 of the G apartment at leisure time.
(hereinafter “Defendant C’s lease contract”). (e)
However, on October 7, 2013, the Plaintiff extended Defendant B’s instant loan to Hyundai Capital Capital.