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(영문) 대전지방법원 2018.10.17 2016가단34714
근저당권말소등기절차이행
Text

1. The defendant received KRW 86,289,509 from D Co., Ltd., and simultaneously entered in the attached list in the plaintiff.

Reasons

Basic Facts

On May 20, 2014, EMoel rental agreement D Co., Ltd. (the foregoing omitted indication of “stock company”) and the Defendant concluded a lease agreement with the Defendant on May 20, 2014 (the foregoing “instant lease agreement”).

However, the tenant's name was G, a parent of the defendant.

The lease deposit of the instant lease contract is KRW 150 million, and the rent was KRW 8.5 million per month (including value-added tax, KRW 500,000,000).

The lease term was from May 22, 2014 to May 21, 2016.

Around that time, D delivered EM to the Defendant, and the Defendant paid the full amount of the lease deposit to D.

The Plaintiff, as a physical guarantee for the repayment of the lease deposit, was the owner of each real estate (Hel site and building) listed in the attached list, and provided each of the above real estate as a physical collateral in order to secure the repayment of the lease deposit of this case by D.

Accordingly, on November 12, 2014, the registration of the establishment of each neighboring mortgage (hereinafter referred to as the "registration of the establishment of each neighboring mortgage of this case") was completed in accordance with Article 32451, which was received on November 12, 2014, as to each real estate listed in the separate list. On the register, the debtor was the plaintiff auxiliary intervenor, who is the inside director of D, and the mortgagee was entered in

As of December 22, 2015, the voluntary auction procedure for the Eelel building, etc. was initiated on and after the commencement of the voluntary auction procedure in duplicate on April 21, 2016, and the ownership of I and J transferred to the successful bidder on February 16, 2017.

Around February 20, 2017, the defendant delivered EM building to I and J on February 20, 201.

[Ground] The amount to be paid by the Plaintiff and the Intervenor for the assertion of the Plaintiff and the Intervenor in the absence of dispute, the summary of the Plaintiff’s evidence Nos. 1-1 through 16-2, and the amount to be paid by the Intervenor. (1) The total amount of rent incurred by the lease deposit 279,50,000.

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