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(영문) 대구지방법원 2016.01.12 2015가단120168
청구이의
Text

1. Between the Plaintiff and Defendant K non-life insurance company

A. Defendant DDR life insurance company.

Reasons

1. The Plaintiff entered into a contract to establish a right to lease on a deposit basis with C on May 24, 2008, setting forth a deposit basis amount of KRW 170,000,000 for the Daegu-gu 108 Dong 1603, Daegu-gu, Daegu-gu, 2008.

On June 9, 2008, 170,000,000 won for lease on a deposit basis, term of June 5, 2008 to June 4, 2010, and registered for the establishment of lease on a deposit basis, which was determined by the person having lease on a deposit basis, was completed on June 9, 2008.

On June 26, 2008, Defendant K non-life insurance completed the registration of creation of a neighboring mortgage as set forth by the debtor C with respect to the right to lease on a deposit basis as set forth by C on June 26, 2008.

Since then, the Grand Pung Punger Co., Ltd. completed the registration of creation of a mortgage over C's right to lease on a deposit basis with the debtor D on January 7, 2009, the maximum debt amount of KRW 92,00,000 and the debtor D.

[2] The Defendant DDR’s claim against C to return the leased object on or around May 2008 on the ground that C acquired the claim for the return of the lease deposit and lent the lease deposit amounting to KRW 60 million but C did not repay the leased object. The Plaintiff requested the Plaintiff to pay the agreed interest for the amount of KRW 82,164,934 and KRW 60 million at the time of the claim, along with the delivery of the leased object.

(Seoul District Court Decision 201Gadan2125 decided January 2, 2011). Accordingly, the Plaintiff asserted in the reply that “The obligation to return the security deposit is simultaneously performed with the registration of the name of the building and the cancellation of the right to lease on a deposit basis, and the right to lease on a deposit basis of C’s right to lease on a deposit basis has been subject to Defendant C’s right to collateral security of non-life insurance, the right to collateral security of the company

On June 9, 2011, the instant adjudication division provides that “the Plaintiff shall pay KRW 82,164,394, and KRW 60,000,00 per annum 19% interest per annum from December 27, 2010 to the date of full payment as to KRW 82,164,394 and its 60,000,000, as well as to receive documents necessary for the registration of cancellation of the registration of chonsegwon from C.”

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