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(영문) 서울고등법원 2018.11.23 2018나2034184
근저당권설정등기말소
Text

1. The judgment of the court of first instance is modified as follows.

All of the plaintiffs' primary claims and preliminary claims.

Reasons

1. Basic facts

A. On March 7, 2008, the Plaintiffs entered into the first lease agreement and the establishment of a right to collateral security (1) with the lease deposit amount of KRW 500 million, monthly rent of KRW 900,000,000, and the term of lease from July 1, 2008 to June 30, 2010.

(2) Pursuant to the first lease agreement, the Plaintiffs are entitled to KRW 500 million of the maximum debt amount secured by the Plaintiff’s claim for the refund of the lease deposit against the Plaintiff’s 3/13 share of the Plaintiff’s 3/13 share of the land in attached Form 1 of May 208, 208.

The registration of the establishment of the neighboring mortgage of the instant case was completed.

(3) On July 22, 2008, 1/13 of the Plaintiff’s B equity in the land No. 1 (Attached Form) was transferred to Plaintiff A.

B. On February 24, 2010, prior to the expiration of the first lease agreement, the Plaintiffs concluded the second lease agreement to lease the instant store from March 1, 2010 to February 28, 2012 with the Defendant and F, with the lease deposit amounting to KRW 450 million, monthly rent of KRW 7.5 million, and the lease term from March 1, 2010 to February 28, 2012.

(2) Defendant and F paid lease deposit to the Plaintiffs by means of paying KRW 450 million to D.

In the second lease agreement, the right to collateral security was established to secure the right to return the lease deposit, but the plaintiffs, the defendant, etc. were to maintain the establishment registration of the mortgage of this case.

C. The third lease contract is renewed (1) but the second lease contract is renewed (380 million won was reduced on August 11, 2014). On October 15, 2015, the Plaintiffs concluded a third lease contract again to lease the instant store with the period from October 31, 2015 to October 31, 2017.

(2) No. 3.

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