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1. Defendant B shall receive KRW 34,00,000 from Defendant C, D, and E, and at the same time list to Defendant C, D, and E.
Reasons
1. Determination on the cause of the claim
A. (1) On May 21, 2014, Defendant B leased the instant real estate from Defendant C, D, and E as the lease deposit amount of KRW 90 million, and the period from May 21, 2014 to May 20, 2016 (two years). The instant real estate was handed over and resided until now since that time.
(2) The Plaintiff filed an application with the Seoul Central District Court for the seizure and collection order of the claim under the Seoul Central District Court 2016TT No. 2498, 2015 No. 242, a notary public against Defendant B as the title of execution of the No. 2015, and on April 11, 2016, the Plaintiff received the seizure and collection order (hereinafter “instant collection order”) against Defendant C, D, E, and each of the remainder excluding the amount entitled to preferential reimbursement under Article 8 of the Housing Lease Protection Act and the provisions of the Enforcement Decree of the Housing Lease Protection Act pursuant to Article 246(1)6 of the Civil Execution Act from the lease deposit claim that Defendant B leased the instant real estate from Defendant C, D, and E at the expiration of the lease term or before the expiration of the lease term. The instant collection order was served on Defendant C, D, 466,618, respectively, on April 16, 2016.
(3) According to Article 8 of the Housing Lease Protection Act and Articles 10(1)1 and 11(1) of the Enforcement Decree of the Housing Lease Protection Act and Article 8 of the Housing Lease Protection Act, a small lessee who is to receive preferential reimbursement in Seoul is a lessee with a deposit of less than KRW 100 million, and the deposit to receive preferential reimbursement among them is KRW 34 million.
[Reasons for Recognition] Defendant B: Evidence Nos. 1 through 4 (including paper numbers), Evidence No. 10, and the purport of the whole pleadings.
Defendant C, D, and E: Each confession (Article 150(3) of the Civil Procedure Act)
B. According to the above facts of recognition, the lease agreement on the instant real estate between Defendant B and Defendant C, D, and E was terminated on May 20, 2016.
Defendant at this time.