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(영문) 서울중앙지방법원 2015.04.24 2014나14688 (1)
전세권설정등기말소 등
Text

1. The defendant's appeal is dismissed.

2. The judgment of the court of first instance is rendered according to the expansion of the plaintiffs' purport of the claim.

Reasons

1. The following facts of recognition may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1, 2, and 6 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 1, 2, and 3:

On July 8, 2009, the Plaintiffs entered into a lease contract with Co-Defendant C of the first instance trial for lease on a deposit basis (hereinafter “the lease contract of this case”) with respect to the real estate listed in the separate sheet owned by the Plaintiffs (hereinafter “the instant real estate”) from August 19, 2009 to August 18, 201. The Plaintiffs completed the lease contract for lease on a deposit basis (hereinafter “the lease contract of this case”) with the Seoul Central District Court Decision 64259, August 19, 2009, as Seoul Central District Court Decision 500,000,000,000 won, and the entire duration of residential buildings, from August 19, 2009 to August 18, 201, and from August 18, 201.

B. On June 24, 2011, the Defendant filed an application for provisional attachment as to C’s claim amounting to KRW 300,000,000,000 with respect to the claim for lease on a deposit basis against C, and completed the provisional attachment registration of the right to lease on a deposit basis (Seoul Central District Court 201Kadan3115, hereinafter the instant provisional attachment order) on June 24, 201. On June 30, 201, the Seoul Central District Court received the claim amounting to KRW 300,00,000,000 as the receipt on June 30, 201, and the provisional attachment registration of the right to lease on

C. On July 19, 201, the Plaintiffs and C agreed to change the lease deposit amount of KRW 700,000,000, and the duration from August 19, 2011 to August 18, 2013 under the instant lease contract, and C agreed to pay KRW 200,000,000 for the increased lease deposit amount of KRW 200,000 (hereinafter “instant modified agreement”). Since C did not pay KRW 200,000,000 by the due date, C agreed to pay KRW 20,000 to the Plaintiffs and 20,000,000 per month until the due date.

1 C did not pay to the Plaintiffs the amount of KRW 200,000 or KRW 00,00, which has increased to them.

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