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1. The Defendant’s KRW 100,000,000 as well as the annual rate of KRW 5% from June 23, 2015 to November 3, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. 1) C is a building indicating the indication of the attached real estate (hereinafter “instant building”).
(2) On August 19, 201, the Defendant purchased the instant building from Seoul on March 19, 2013, and completed the registration of ownership transfer under the Changwon District Court Jinju Branch Branch No. 12687, Mar. 19, 201.
B. On October 28, 201, the Plaintiff, including the conclusion of a lease agreement, entered into a contract with C and D’s agent E on the condition that the Plaintiff leases KRW 401 of the fourth floor of the instant building (hereinafter “the instant room”) with a deposit of KRW 100,000,000, monthly rent of KRW 100,000, monthly rent of KRW 100,000, and period of lease from December 28, 201 to December 27, 2013 (hereinafter “the instant lease agreement”); and (1) completed a move-in report with respect to the instant room on December 5, 201; and (2) obtained a fixed date in the instant lease agreement.
C. 1) On August 12, 201, the New Jindo Saemaul Depository concluded a mortgage agreement with C on the instant building with the maximum debt amount of KRW 520,00,000,00 with respect to the instant building, and with the debtor C and the creditor, with respect to the establishment of a mortgage agreement on the instant building. On August 12, 2011, the Changwon District Court completed the registration of the establishment of a neighboring community project to the same purport as the receipt of the Jinwon Branch Branch Branch Branch on August 3875, 201. 2) On the basis of the right to collateral security stated in the preceding paragraph, the New Jindo Saemaul Depository applied for the auction of real estate with the Changwon District Court for the auction of the instant housing to the Jinwon Branch Branch Branch Branch Branch Branch on January 3, 2014.
(3) On April 27, 2015, G was awarded a successful bid for the instant building during the instant voluntary auction procedure. On March 26, 2014, the Plaintiff reported a right and demanded a distribution. However, on June 22, 2015, the Plaintiff did not receive any distribution at all in the dividends implemented on June 22, 2015. (4) On June 22, 2015, the Plaintiff delivered the instant room to G, and on July 18, 2015, the Plaintiff was H.