공탁금출급청구권
1. All appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim filed in the trial are dismissed.
2. Costs of appeal; and
1. The facts subsequent to the findings of recognition do not conflict between the parties, or are recognized by the respective descriptions of Gap evidence 1 to 4, Eul evidence 3 to 5, 12, and 24 (including each number), the testimony and the entire purport of the pleading by the witness I of the first instance trial.
A. (i) On October 1, 2002, Plaintiff A leased the 5 and 6th floor of the F building located in Geumcheon-gu, Busan (hereinafter “D”) from Plaintiff D (hereinafter “D”) for the period from October 1, 2002 to September 30, 2007, the deposit amount of KRW 350 million, monthly rent of KRW 20 million, and the period from October 1, 2002 to September 30, 2007.
(hereinafter referred to as “the instant lease contract”). The said lease was terminated by agreement between Plaintiff A and D on May 31, 2008.
B, on January 2, 2006, the Plaintiff B, who was the Plaintiff A’s son, leased from D the part of the H practice hall from January 2, 2006 to KRW 200 million.
(hereinafter referred to as “the instant second lease contract”). Plaintiff B operated the H practice hall by October 20, 2006, and thereafter D directly operated the H practice hall, and the said lease was terminated around that time.
On the other hand, on May 30, 2008, the co-defendant C of the first instance trial (hereinafter “C”) leased the five-story of the building of this case from D to May 30, 2008 by setting the deposit amount of KRW 450 million, the period from June 1, 2008 to May 31, 2013, and the rent and management fee of the building of this case as KRW 50 million.
(hereinafter referred to as “third lease contract of this case”). (b)
On August 4, 2006, D entered into a real estate security trust agreement and registered D had the priority beneficiary with respect to the instant building as the National Agricultural Cooperative Federation (hereinafter referred to as the “National Agricultural Cooperative Federation”) and the real estate security trust agreement with the trustor and beneficiary D (hereinafter referred to as the “instant real estate security trust agreement”), and completed the registration of ownership transfer based on the said trust on the same day.