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1. Revocation of a judgment of the first instance;
2. The plaintiff's primary and conjunctive claims are all dismissed.
3. The total cost of the lawsuit.
Reasons
1. The grounds for the court’s explanation concerning the facts and the parties’ assertion are as stated in Articles 1 and 420 of the Civil Procedure Act, except for the deletion of “the Plaintiff” No. 10 of the third decision of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.
2. As to the main claim
A. The facts of recognition 1) The Defendant, upon the introduction by the J of a Licensed Real Estate AgentJ, leased the instant apartment from C on October 18, 2013 to November 2, 2015 without monthly rent (hereinafter “the instant lease”); and the deposit amount of KRW 2.6 million out of the deposit amount, shall be paid as of November 2, 2013 at the time of the contract, and the remainder amount of KRW 2.4 million shall be paid as of November 2, 2013 at the time of the contract; in the event that C redeems the right to collateral security, seizure, and provisional seizure established for the instant apartment, it shall be paid monthly that it is equivalent to the amount of redemption.
(B) On October 18, 2013, the Defendant borrowed KRW 30 million from E and paid all the deposit money to C until October 24, 2013. On October 24, 2013, the instant apartment building obtained a fixed date on the instant lease agreement and completed the move-in report into the instant apartment on October 24, 2013. (c) The instant apartment is a size of 156.29m29m2, which is the same as the instant apartment, and the average lease deposit of the same Pyeongtaek apartment was KRW 16,6250,00.
2) At the time of entering into the instant lease, the instant apartment complex is the only real estate of C. The appraised value at the time of entering into the instant lease is KRW 413 million.
B) At the time of the conclusion of the lease of this case, the creation and registration of the right to collateral security (the principal of the claim is KRW 330 million) with the new bank, debtor C, and maximum debt amount of KRW 396 million (the maximum debt amount of KRW 330 million) on November 22, 2010 on the apartment of this case at the time of the conclusion of the lease of this case. ② On November 22, 2010, the registration of the creation of the right to collateral security (the principal of the claim is KRW 66 million) with the Plaintiff, debtor C, the maximum debt amount of KRW 86 million on May 24, 2010, and the registration of the creation of the right to collateral security (the principal of the