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(영문) 서울중앙지방법원 2015.01.19 2014가단197407
부동산인도등
Text

1. For the plaintiffs:

A. Defendant C is the Seoul Central District Court on March 28, 201 with respect to the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. On March 13, 2011, the Plaintiffs entered into a lease agreement with Defendant C on a set of KRW 24 months of the lease period and KRW 650 million of the lease deposit, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) as indicated in the separate sheet as of March 13, 201, and ordered Defendant C to do so as to all of the instant real estate.

The registration of the establishment of chonsegwon (hereinafter referred to as the "registration of the establishment of chonsegwon of this case") was completed.

Since then, the Plaintiffs and Defendant C finally agreed on November 13, 2013 to change the lease deposit amount to KRW 750 million until October 13, 2014, and the lease deposit to KRW 750 million was completed on November 14, 2013.

B. Meanwhile, on August 11, 2014, Defendant D, upon Defendant C’s decision of provisional seizure, completed the registration with respect to the instant chonsegwon claim (the claimed amount: KRW 384,831,500, the date of registration: August 27, 2014); Defendant AK Savings Bank Co., Ltd. (hereinafter “Defendant bank”) is a mortgagee of the instant chonsegwon (the maximum bond amount: KRW 750,000,000, the date of registration: November 14, 2013); Defendant Chungcheongnam Nam Credit Guarantee Foundation (hereinafter “Defendant Foundation”) obtained a provisional seizure order on August 8, 2014, and completed the registration.

(Amount of claim: KRW 21,930,001, Date of registration: August 12, 2014).

The Plaintiffs notified Defendant C of the refusal to renew the instant chonsegwon on September 11, 2014, and paid KRW 612,030,723 out of the deposit amount of KRW 750,000,000,000 to Defendant Bank, which is the right to collateral security of the right to collateral security of the right to collateral security of lease on a deposit basis, on October 13, 2014, which was the expiration date of the lease period, and deposited the remainder (depositor: Defendant C).

[Ground] Defendant C: Each entry in Gap evidence 1 through 9, defendant D: Confession pursuant to Article 150(3) of the Civil Procedure Act, defendant bank and foundation: The fact that there is no dispute

2. Comprehensively taking account of the above-mentioned facts of determination as to the cause of the claim, Defendant C terminated on October 13, 2014, and thus, Defendant C has to the Plaintiffs.

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