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(영문) 부산지방법원 동부지원 2018.06.21 2017가단220845
임대차보증금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On July 14, 1997, before the completion inspection, Nonparty E constructed the three-story neighborhood living facilities and housing (hereinafter “the instant building”) on the F of the Yongsan-gu, Busan Metropolitan City on the ground, and set the lease deposit amount of KRW 23 million to Plaintiff A on July 14, 1997, Nonparty E set the lease deposit amount of KRW 101 of the first floor, KRW 22 million to Plaintiff B on July 27, 1997, and leased part of the third floor to Plaintiff C of KRW 18 million on October 28, 1997, with the lease deposit amount of KRW 18 million (No. 403) and the Plaintiffs commenced possession on each contract date and received the move-in report and the fixed date.

B. On the other hand, on December 7, 1996, E created a right to collateral security with a maximum debt amount of KRW 135 million to the promoting mutual savings and finance company, with respect to the land of the instant building, the amount of F 231 square meters (hereinafter “instant land”).

C. On February 2, 2004, the Promotion Mutual Savings and Finance Company applied for a voluntary auction of Goyang-Jung Branch G auction on the basis of the right to collateral security established on the instant land. H, the representative director of the Defendant, was awarded a successful bid at the above auction procedure on January 16, 2006 and acquired ownership.

On September 19, 2007, the defendant filed a lawsuit against the lessee of the building in this case, including the plaintiff A, which was rendered a favorable judgment from the above court on September 19, 2007.

E. Meanwhile, the registration of ownership preservation was completed on September 17, 2007 due to the request for the registration of a decision to commence compulsory auction by Goyang-gu District Court, which was commenced at the request of one of the lessees I with respect to the building in this case, and Li Co., Ltd. acquired ownership by winning a successful bid for the building in this case during the above compulsory auction procedure.

F. The plaintiffs recover only part of the deposit during the above compulsory auction procedure, and completed the lease registration with respect to each of the instant buildings under the lease registration order.

G. On November 22, 201, the registry of the instant building is a registry.

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