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(영문) 대전지방법원홍성지원 2019.11.19 2019가단180
임대차보증금 반환 등
Text

1. Defendant C and D shall jointly and severally serve as KRW 55,00,000 on the Plaintiff and as a result, from February 12, 2019 to May 31, 2019.

Reasons

1. Basic facts

A. On December 5, 2013, the Plaintiff entered into a lease agreement between the Plaintiff and Defendant D and the payment of deposit for lease (i) the real estate indicated in the separate sheet from Defendant D (hereinafter “instant real estate”).

) The lease deposit was leased KRW 5 million, and the term of lease was from December 27, 2013 to December 26, 2015 (hereinafter “instant lease agreement”).

(2) On December 5, 2013, the Plaintiff paid KRW 5 million out of the lease deposit to Defendant D, and KRW 50 million from December 27, 2013, respectively. (2) Defendant C agreed to jointly and severally pay to the Plaintiff all obligations under the instant lease agreement at the time of the instant lease agreement. Defendant E participated in the form of preparing the instant lease agreement and provided guidance on the contents of the agreement.

3) On May 1, 2016, after the expiration of the instant lease agreement, the Plaintiff and Defendant D agreed to extend the lease agreement term to April 30, 2017. (b) At the time of the conclusion of the instant lease agreement, the instant real estate was established: (a) the provisional registration of the right to claim ownership transfer against the Defendant C; (b) the provisional registration of the creditor’s provisional seizure with the F and the claim amount of KRW 365 million; and (c) the collective security right with the mortgagee’s G association and the maximum debt amount of KRW 87 million with the claim amount of KRW 87 million with respect to the instant real estate; and (b) G association filed an application for voluntary auction (hereinafter “voluntary auction”) with the Daejeon District Court for the instant real estate with Hongsung Branch Branch Branch H on July 18, 2018.

2. On January 8, 2019, the first sale date of the instant real estate was in progress with the minimum sale price of KRW 127 million in the instant auction procedure, but failed, and the said date was again the minimum on February 12, 2019.

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