전세금반환 청구의 소
1. Defendant B pays to the Plaintiff KRW 60 million within the scope of the property inherited from the network F.
2...
1. Facts of recognition;
A. On September 15, 1994, G entered into a lease agreement with the co-owner with respect to F, I, and deposit KRW 60 million for the remaining 178.5132 square meters of the 2nd floor of the 299.065 square meters of the 2nd floor among the 5th floor of Changwon-si Building (hereinafter “H building”).
G completed the registration of the establishment of chonsegwon on December 12, 1994 in order to secure the claim for the return of the above deposit after the payment of the deposit.
The above lease contract was terminated on July 2002.
B. Around October 1, 2002, H building was changed into an aggregate building, and the registration of division was completed in each floor’s head office. Of them, the registration of establishment of a right to lease on a deposit basis in the name of G was transferred to the nine buildings, the ownership of which was acquired by Defendant B, J, and K as shown in the separate sheet.
C. G filed a lawsuit against G, etc. claiming the return of lease deposit, etc. with the Changwon District Court 2003Gahap5603, and I also filed a lawsuit against G, etc. claiming the name of the building as the Changwon District Court 2003Gahap7913, and G and I subsequently withdrawn the said lawsuit.
G's chonsegwon was finally transferred to the Plaintiff on September 17, 2008 through L, M, N, andO.
E. The Plaintiff filed a lawsuit against Defendant B, J, and K seeking a reimbursement of deposit of KRW 60 million with the Changwon District Court Decision 2008Da54429, the Plaintiff was sentenced to dismissal of the Plaintiff’s claim on July 3, 2009.
The Plaintiff appealed as the Changwon District Court No. 2009Na8851, and on May 17, 2010, in the presence of G as the Intervenor on the part of G on May 17, 2010, the conciliation was concluded that “as to the shares of Defendant B among the nine buildings listed in the attached Table, Defendant B’s obligations against the Plaintiff shall not exceed KRW 60 million within the scope of the property inherited from F.”
F. Of the nine buildings listed in the separate sheet, the Changwon District Court P in regard to the respective 9/10 shares of Defendant B (hereinafter “each of the instant buildings”) in relation to 302, 303, 401, 502, and 503 among the nine buildings listed in the separate sheet.