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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The following facts are acknowledged, either as a dispute between the parties, or as a whole, as a whole by taking account of the descriptions of Gap 1, 2, and 3 and the purport of the whole pleadings against the Korea Asset Trust Co., Ltd. of the court of the trial at the trial.
A. On December 2, 2008, the non-comprehensive Engineering Co., Ltd. completed the registration of ownership transfer on the Nam-gu B apartment 115 Dong 306 (hereinafter “instant apartment”) and completed the registration of ownership transfer on November 27, 2008 to the K non-Real Estate Trust Co., Ltd. on the same day.
B. On January 5, 2010, SP limited company (hereinafter “S”) completed the registration of ownership transfer for the instant apartment on the grounds of sale and purchase on December 21, 2009, and completed the registration of ownership transfer for the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) on the same day.
C. On July 7, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) that leases the instant apartment from Vi.S. with the term of 180,000,000 won, and the term of ranging from July 20, 2010 to July 19, 2012, and resided in the instant apartment upon delivery on or around July 20, 2010 after the payment of the said lease deposit. Meanwhile, the Defendant jointly and severally guaranteed the Plaintiff’s obligation to return the lease deposit to L.S. at the time of the instant lease agreement.
On the other hand, on September 16, 201, Vi. S. sold the instant apartment to U.S. Co-Defendant 1, Co., Ltd., U. S., Ltd. (hereinafter “S.”), and accordingly, on October 26, 2011, E.C. completed the registration of ownership transfer on the same day to U.S. Co., Ltd., as well as the registration of ownership transfer on the same day, due to the said sale. The E.S. again completed the registration of ownership transfer on the same day with respect to the instant apartment on October 26, 201.