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Reasons
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(영문) 인천지방법원부천지원 2015.12.18 2014가합10297
임대차보증금반환 등
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1. As to the Plaintiff, Defendant Nex Co., Ltd., the amounting to KRW 98,900,000 and the amount pertaining thereto from June 26, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”) on September 27, 2012 through the brokerage of Defendant A, a licensed real estate agent, the owner of the instant real estate, the Defendant Nex, entered into a real estate lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, with the terms that the Plaintiff and Nex, by dividing into October 1, 2013, the Plaintiff was established, and that the Plaintiff was leased from December 1, 2012 to December 1, 2015 (hereinafter “the instant real estate”).

Since September 27, 2012 to March 8, 2013 under the instant lease agreement, the Plaintiff paid KRW 21,285,000,000,000,000,000 from January 16, 2013 to September 30, 2013.

B. The provisional attachment, etc. on the instant real estate was established at the time of the conclusion of the instant lease agreement. As to the instant real estate at the time of the conclusion of the instant lease agreement, on January 5, 2007, the registration of creation of the right to collateral security (hereinafter “the instant right to collateral security”) dated 3,450,000 won (hereinafter “the right to collateral security”), provisional attachment (Seoul Southern District Court 2010Kadan7861) dated November 24, 2010 (Seoul Southern District Court 2010Kadan7861), the registration of attachment, etc. on December 8, 2010 (hereinafter “the registration of establishment of the right to collateral security, the registration of provisional attachment, and the registration of attachment, etc. completed with respect to the instant real estate as of December 8, 2010 (hereinafter “the instant right to collateral security”).

C. Around June 201, the instant right to collateral security was acquired from a new bank that won the Plaintiff’s successful bid and the commencement of voluntary auction regarding the instant real estate.

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