건물명도 등
1. The Defendants amounting to KRW 90,000,000 for each Plaintiff and KRW 20% per annum from September 11, 2014 to the date of full payment.
1. Facts of recognition;
A. On August 8, 2012, Nonparty C and the Defendants jointly owned the land and buildings indicated in the separate sheet (hereinafter “instant real estate”). On August 8, 2012, Nonparty C concluded a contract to establish a right to lease on a deposit basis, setting the lease deposit amount of KRW 90,00,000, and the term of existence on June 22, 2014.
(hereinafter referred to as “the instant chonsegwon contract”). B.
On July 6, 2012, the Plaintiff entered into a oil supply contract with Nonparty C on the “D gas station” operated by Nonparty C in the instant real estate, and the same year.
8. 8. The contract to establish a mortgage on the instant chonsegwon was concluded on the following day.
8.9. Busan District Court completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 90,000,000,000, in accordance with the registration and acceptance No. 7493.
C. Since then, the Plaintiff did not pay KRW 90,725,428 of the oil out of the oil, and the Plaintiff received, on July 1, 2014, the Busan District Court rendered a decision to seize and collect the claim to return the deposit out of the oil in question under subrogation as the Busan District Court Branch Branch Branch Decision 2014TT 6634, and the said decision was on July 7, 2014 and the same month.
8. The service was made to each of the Defendants.
On June 22, 2014, Nonparty C delivered the instant real estate to the Defendants on the ground that the contract to establish a right to lease on a deposit basis expires.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 3, fact-finding reply to fact-finding, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts of recognition, the Defendants are obligated to pay to each Plaintiff the amount of KRW 90,00,000 and damages for delay calculated at the rate of 20% per annum from September 11, 2014 to the date of full payment, which is the day following the date of final delivery of the copy of the instant complaint, as sought by the Plaintiff.
B. As to this, the Defendants calculated the remainder of KRW 39,400,000 after deducting the unpaid rent of Nonparty C from the unpaid rent of KRW 50,600.