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(영문) 부산지방법원서부지원 2020.05.21 2019가단115738
건물인도
Text

1. Of the instant lawsuit, the part of the claim against Defendant C shall be dismissed.

2. Defendant B Co., Ltd. shall be the Plaintiff 131,654.

Reasons

1. Basic facts

A. (1) On June 5, 2015, D is Defendant B (Co., Ltd. before the change, E, and under the following, “Defendant Company”).

(1) The real estate listed in the separate list owned by the Defendant and the Defendant Company (hereinafter referred to as “instant real estate”).

As to the deposit money, a contract to establish a right to lease on a deposit basis was concluded between June 5, 2015 and June 4, 2017 (hereinafter “the right to lease on a deposit basis”) and the duration of the contract was KRW 150 million (hereinafter “the right to lease on a deposit basis”).

(2) On June 5, 2015, the Plaintiff registered the establishment of chonsegwon on the same day. On June 5, 2015, the Plaintiff loaned KRW 100 million to D as a loan for household loan, and concluded a contract establishing a collateral between D and the instant chonsegwon with a maximum debt amount of KRW 130 million for the purpose of collateral. On the same day, the Plaintiff registered the establishment of a collateral for the instant chonsegwon. (2) After the expiration of the period of chonsegwon, the Plaintiff applied for the attachment and order of attachment by subrogation as the Busan District Court 2018TTTTE57970.

On September 17, 2018, the above court decided to attach and assign the claim equivalent to KRW 131,654,590 among the claim based on the right to lease on a deposit basis of the instant right to lease on a deposit basis against D company. The decision was served on the defendant company and became final and conclusive around that time.

B. On December 10, 2015, Defendant C entered into a lease agreement between D and Defendant Company’s representative for the instant real estate amounting to KRW 30 million, KRW 400,000 per month for rent, and KRW 400,000 per month for rent, from December 27, 2015 to December 27, 2017.

Defendant C occupies the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 13, Eul evidence 2, the purport of whole pleadings

2. Part concerning the claim against the defendant company

A. On the expiration of the duration of chonsegwon 1, the mortgagee on the right to lease on a deposit basis has the right to use the right to lease on a deposit basis as well as the right to use the right to lease on a deposit basis.

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