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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. On December 10, 2016, the Plaintiff entered into a contract with the co-defendant D (hereinafter “D”) of the first instance court, a licensed real estate agent, under which the term “multi-family house” (hereinafter “instant multi-family house”) located in Tonsan-gu E in the Jeonju-si (hereinafter “instant house”) was set as lease deposit amounting to KRW 30 million and the term from January 10, 2017 to January 9, 2019 (hereinafter “instant lease contract”).
B. On January 11, 2017, the Plaintiff paid D the lease deposit for the instant housing and received the instant housing from D, and obtained a fixed date in the instant lease agreement.
C. As to the instant multi-family house, on June 17, 2013, the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 3332.8 million, the debtor D, and the mortgagee G association was completed, and on March 3, 2017, the procedure for the auction of real estate in the instant case (hereinafter “instant auction procedure”) was commenced on March 3, 2017.
In the instant auction procedure, the instant multi-family house was sold in KRW 515,300,000,000, and this court, on May 23, 2018, prepared a distribution schedule as indicated below, and distributed KRW 14,000,000 out of the actual dividends on the instant multi-family house to the Plaintiff. Based on the above distribution date, the sum of the lessee’s lease deposit claims against the instant multi-family house except the Plaintiff was KRW 240,000,000.
Creditors I J L 1 (Lessee, Lessee, Small Sum) 1 (Lessee, Lessee, Small Sum) 1 (Lessee, Small Sum), 10,000,000 14,0000,000 14,0000,000 14,000,000 14,000 (won) 49,597,12489,597, 475,12461,597, 597, 2467, 247, 4447, 597, 1247, 447, 447, 597, 447, 597, 447, 597, 11 (Lessee, 1247, 592, 122, 1200, 10 (Small Sum), 140, 100, 1004, 1004 (Lessee, 104)