추심금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. 사실관계 [인정근거] 다툼 없는 사실, 갑 1∽3호증, 을 2, 14, 15호증(가지번호 포함)의 각 기재, 변론 전체의 취지 ① D은 2009. 10. 7. 피고들에게 그 소유의 목포시 E 대 826.5㎡와 그 지상의 7층 모텔 건물(이하 ‘이 사건 모텔 및 부지’)과 목포시 F 대 545.5㎡(위 모텔의 주차장 용도로서, 이하 ‘이 사건 주차장’)를 임대하였고(이하 ‘이 사건 임대차계약’), 피고들은 그 무렵 D으로부터 이 사건 모텔 및 부지와 주차장을 인도받아 모텔 영업을 시작하였다.
② The main contents of the instant lease agreement are as shown in attached Form 1.
① At the time of the conclusion of the instant lease, the registration of the establishment of a neighboring mortgage of the Gwangju Bank was completed regarding the instant parking lot, and the registration of the establishment of a neighboring mortgage such as the National Agricultural Cooperative Federation was completed regarding the instant franchise and site
② As D delayed the performance of its loan obligation, the said financial institution applied for a voluntary auction on each of the above real estate, and as a result, the instant parking lot was sold to Defendant B on June 22, 201, respectively to G and H one-half shares.
On May 4, 2011, Defendant C reported a lien of KRW 150,000,000 of the replacement cost of goods and the cost of repairing construction works as secured claim in a voluntary auction procedure for the instant cartel and site. Defendant C filed a claim for confirmation of non-existence of a lien with respect to the said Defendant, etc. with the Gwangju District Court, Gwangju District Court Decision 201Dahap1854, Gwangju High Court Decision 2012Na4915, supra.
In the appellate trial of the foregoing case, on April 8, 2013, the conciliation was concluded to the effect that “Defendant C confirmed that it has a lien of KRW 70 million with respect to the instant cartel.”
(hereinafter “instant lien lawsuit”). H and G are all Defendants.