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(영문) 울산지방법원 2018.03.29 2017가합21301
근저당권말소
Text

1. As to the real estate stated in the separate sheet among the lawsuits against the Plaintiff against the Small and Medium Business Corporation.

Reasons

1. Facts of recognition;

A. On August 20, 2012, the Plaintiff entered into a lease agreement with Defendant C on the instant apartment, with the term of lease from September 13, 2012 to September 12, 2014, and entered into a lease agreement with each of the lease deposit amount of KRW 220,00,000, and the Plaintiff received KRW 220,000,000 from Defendant C. The lease agreement was amended to extend the term of lease until September 12, 2018 and receive KRW 300,000 monthly rent.

(hereinafter “instant lease agreement”). B.

On August 29, 2012, the new bank established a pledge agreement with Defendant C on the claim for the refund of lease deposit with the amount of KRW 74,00,000,000, the commencement date of the loan shall be September 13, 2012, and on September 14, 2014, the expiration date of the loan period shall be determined respectively, and on September 14, 2014, concluded a pledge agreement with Defendant C on the claim for the refund of lease deposit with the amount of KRW 88,80,000, with regard to the claim for the refund of lease deposit by Defendant C. The Plaintiff was notified of the pledge in the New century of the law firm as of September 11, 2012.

C. On March 7, 2013, the Plaintiff completed the registration of the establishment of chonsegwon (hereinafter “right to lease on a deposit basis”) with Defendant C on the ground of the contract to establish a right to lease on a deposit basis (hereinafter “right to lease on a deposit basis”) under Article 20891 of the Ulsan District Court’s receipt of the right to lease on a deposit basis as of August 20, 2012, and with the duration period from September 13, 2012 to September 12, 2014 (hereinafter “right to lease on a deposit basis”).

(2) After that, the registration of the establishment of the right to lease on a deposit basis as to the instant chonsegwon was completed until September 12, 2018. (2) Defendant C received the U.S. District Court’s receipt on March 7, 2013 with the Busan District Court’s receipt of the maximum debt amount of KRW 120,000,000 from the Busan District Court on March 7, 2013, and the registration of the establishment of the right to lease on a deposit basis as to the instant chonsegwon under the U.S. District Court’s receipt on February 5, 2016 as the U.S. District Court’s receipt on the Defendant Sam Steel Co., Ltd. (hereinafter “S.”).

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