beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. In around 192, the Defendant concluded a lease agreement with B and B to lease KRW 60,00,000 (hereinafter “the lease deposit of this case”) of the lease deposit and the building without permission on the above ground among KRW 38/137 of the amount of 313 square meters in Nam-gu Incheon Metropolitan City owned by B from B and B (hereinafter “instant land share”), around 1992.
(B) On July 24, 2002, in order to secure the right to return the lease deposit of this case, the Defendant completed the registration of creation of a mortgage (hereinafter “mortgage”) around KRW 100 million to the debtor B and the mortgagee as the defendant on July 24, 2002.
B. On June 5, 2005, E and E sell the share of the instant land and the purchase price of the instant unregistered buildings for KRW 120,000,00,00, and on July 6, 2005, they concluded a sales contract with the effect that “the lease deposit amount of KRW 60,000,000 out of the purchase price of the instant land shall be deducted from the balance,” and on July 6, 2005, the transfer registration for the share of the instant land was completed to E.
(2) On February 27, 2006, the Defendant entered into a lease agreement with E to rent KRW 60,000,000 for lease deposit for the instant land shares and the instant land-owned buildings without permission from E and on the same day. On the same day, the Defendant entered into a lease agreement with E to rent KRW 40,000.
F. The above amount was drawn up a receipt stating that the amount of partial repayment shall be the amount of partial repayment, EB return out of the amount of the set up of the land collateral security in South-gu C.
C. (1) On December 23, 1999, the provisional attachment registration of KRW 118,143,557 was completed for the claim amount as requested by the Dongin Credit Union.
KWC Co., Ltd. that succeeded to the claim against B of the Dongin Credit Cooperatives is a judgment with the executory power of the case of Incheon District Court 2002Kadan38315.