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(영문) 서울고등법원 2014.10.31 2014나4752
공탁금출급청구권확인
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. B, C, D, E, and F (hereinafter “F, etc.”) were co-owners of the building on the fifth floor in Daegu Suwon-gu G, H, and I’s ground (hereinafter “instant building”), and on August 28, 2009, A leased the instant building (as at the time of lease, buildings 2,3 were used as weddings for restaurants, 4, and 5th floor at the time of lease, but it was extended to a private teaching institute by A with the consent of F, etc.) for a fixed period of KRW 1 billion, KRW 42 million, and KRW 5 years from October 10, 2009.

(hereinafter “Lease of this case”). (b)

F, upon entering into the instant lease agreement, F, etc. and A agreed to set up a right to lease on a deposit basis (hereinafter referred to as “instant deposit”) in the instant building in order to secure the obligation to refund the deposit money of A by a special agreement.

According to the above special agreement, A completed the registration of the establishment of chonsegwon (hereinafter “instant chonsegwon”) on October 16, 2009, on the ground of the contract on October 10, 2009, and on the ground of the contract, October 10, 2009.

C. On December 11, 2009, A transferred the instant claim to the Defendant for the return of the deposit (hereinafter “transfer of the instant claim”), F, etc., without reserving the objection with a written consent with a fixed date fixed. D.

F on September 17, 2010, the HJ completed the registration of transfer on September 16, 2010 on the co-ownership (5/15) of the instant building on September 16, 2010.

E. As to the right to lease on a deposit basis in this case, A completed on March 4, 201, on the registration of the establishment of the right to lease on a deposit basis with K on a maximum amount of KRW 600 million, and on March 11, 2011, on the registration of the establishment of the right to lease on a deposit basis with L, respectively.

F. After that, in relation to the instant chonsegwon, A’s creditors completed several additional registrations of chonsegwon claims, provisional seizure of chonsegwon claims, and seizure of chonsegwon claims, and K transferred the establishment registration of the right to lease on a deposit basis to the Plaintiff on June 28, 201.

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