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(영문) 부산지방법원 2014.05.29 2013가합15589

공탁금출급청구권 확인

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. Between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The lease contract and the establishment of a right to collateral security (1) (hereinafter “non-party company”) are the owners of each real estate listed in the separate sheet (hereinafter “each real estate of this case”). The 12th floor and the 13th floor of the building listed in the separate sheet (hereinafter “the building of this case”) were leased to the network C (hereinafter “the network”) at KRW 1 billion as lease deposit and KRW 7 million as monthly rent.

(2) As to each land listed in the separate sheet Nos. 1 and 2, the Busan District Court received on September 12, 1996, the registration of establishment of a neighboring mortgage-holder D as the maximum debt amount of KRW 240,000,000,000,000,000,000,0000,0000,0000,0000,0000,0000,0000,0000,0000,00000,0000,0000,0000,0000,0000,000,000,000,000,000

(hereinafter collectively referred to as “each of the above collateral security rights”) of the instant case.

On October 9, 2001, the non-party company completed the additional registration of the transfer of the right to collateral security (No. 5680, No. 56679, Oct. 9, 2001) on the ground of the transfer of the right to collateral security (the right to collateral security (the right to collateral security) to the deceased on October 9, 2001 on the ground of the transfer of the right to collateral security (the right to collateral security).

(2) The Deceased died on July 11, 2006, and A, his wife of the Deceased, completed the supplementary registration of the transfer of the right to collateral security as Busan District Court No. 31392, Jul. 15, 2009, on the ground of inheritance by agreement and division as of July 11, 2006.

(3) around that time, while Nonparty Company A and A agreed to succeed to the lessee status under the instant lease agreement, lease deposit is made for the second floor of the instant building with respect to KRW 200 million, monthly rent of KRW 9,275,00, monthly rent of KRW 9,275,00, and the 12, and the 13th floor of the instant building.