공탁금출급청구권
1. On December 15, 2014, the Defendants deposited by the Busan District Court No. 2014 gold and 9669 on December 15, 2014.
1. Basic facts
A. 1) The Plaintiff A entered into a lease agreement on October 1, 2002, Plaintiff D Co., Ltd. (hereinafter “D”).
) Between the Corporation and the Corporation, the F building in the Geum-gu, Busan (hereinafter referred to as the “instant building”).
(B) The first lease agreement of this case is the first lease agreement of this case to lease the 5th and 6th floor with a deposit of KRW 350 million, monthly rent of KRW 20 million, and the period from October 1, 2002 to September 30, 2007.
(2) On October 1, 2002, from October 1, 2002 to May 31, 2008, the instant building operated a swimming pool with the trade name of “G” on the fifth and sixth floor of the instant building, and around May 31, 2008, the instant first lease contract was terminated upon the agreement between Plaintiff A and D. (2) On January 2, 2006, Plaintiff B, who is Plaintiff A, entered into a lease agreement between Plaintiff A and D to lease the part of H practice course on the first floor of the instant building with the deposit amount of KRW 20 million (hereinafter “instant second lease agreement”). Since D directly operated the H practice hall, the instant lease agreement was terminated.
3) Meanwhile, between Defendant C and D on May 30, 2008, Defendant C agreed to lease the 5th floor of the instant building 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 as “50% of sales” (hereinafter “instant third lease agreement”).
(B) From June 1, 2008, a swimming pool was concluded and operated on the fifth floor of the instant building. B. The conclusion and registration of a real estate security trust agreement shall be conducted on August 4, 2006, and D shall be K non-real estate trust (hereinafter “K non-real estate trust”).
(B) The first beneficiary of the instant building is the National Agricultural Cooperative Federation (hereinafter “CF”) with respect to the instant building.
(D) The real estate security trust agreement between the trustor and the beneficiary (hereinafter “instant real estate security trust agreement”).
this date, the trust is based on the case-real estate trust.