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(영문) 서울북부지방법원 2020.07.07 2019가단146151

임대차보증금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 28, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C’s agent D with respect to the lease deposit amounting to KRW 120 million and the term of lease from April 10, 2012 to April 10, 2014 with respect to G apartment H (hereinafter “instant apartment”).

B. As to the instant apartment, registration of ownership preservation was made in the name of C on April 4, 2012.

C. On April 12, 2012, without stating the number of houses, the Plaintiff made a move-in report to “Seoul Dobong-gu F”, a road name address for the site of the building site of the instant apartment, and only on February 22, 2017, when five years have passed since that date, the Plaintiff’s domicile on the Plaintiff’s resident registration was corrected to “Seoul Dobong-gu F and H”, an apartment building.

C On December 28, 2012, on the apartment of this case, on December 28, 2012, C completed the registration of establishment of a mortgage with the maximum debt amount of KRW 180 million with respect to the apartment of this case.

After that, I, based on the above right to collateral security, defects in the application for the auction of the instant apartment in Seoul Northern District Court J real estate, and the above court's decision on commencement of auction on April 3, 2014, was proceeding with the auction procedure.

On May 29, 2015, the Defendant purchased the instant apartment at the above auction procedure and acquired its ownership.

E. On May 29, 2015, the Defendant completed the registration of the establishment of a mortgage with the maximum debt amount of KRW 107,250,000 against the instant apartment.

After that, the K Association's defect in the application for auction of the instant apartment based on the above collateral security, and the above court's decision to commence auction on July 10, 2018 was proceeding with the auction procedure on the apartment of this case.

In the above auction procedure on June 4, 2019, the apartment of this case was sold to M.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 5, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion is as above.