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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 17, 2015, the Plaintiff between the Plaintiff and the Defendant: (a) On June 17, 2015, the Plaintiff is the Defendant of Gyeyang-gu, Incheon, No. 2, 505 (hereinafter “instant apartment”).
(2) The Defendant paid the Plaintiff KRW 26,000,000, monthly rent of KRW 400,000, and the remainder of the lease deposit to July 20, 2017 (24 months) from July 20, 2015. (2) The Defendant paid the Plaintiff KRW 10,00,000 on June 17, 2015 as the title of the lease deposit for the instant apartment, and paid the Plaintiff KRW 26,00,000 on July 4, 2015, including KRW 12,00,000,000 on July 6, 2015.
3) On June 1, 2015, the Plaintiff sold the instant apartment to F, on June 1, 2015, the purchase price of KRW 137,00,00,000 [the KRW 93,00,000, the remainder 44,000,000, and the remainder 44,000,000]. On June 22, 2015, the Plaintiff completed the registration of the transfer of ownership for the instant apartment on the ground of sale to F. (B) On June 12, 2015, the Plaintiff completed the registration of the establishment of the instant apartment on June 12, 2015 with respect to the instant apartment.
2) On June 29, 2015, after completing the registration of ownership transfer of the instant apartment from the Plaintiff, F completed the registration of creation of a neighboring mortgage consisting of the maximum debt amount of 22,550,000 won and the mortgagee G. (C) On January 12, 2017, the Incheon District Court C real estate appointment decision was rendered on January 12, 2017, upon the application of the National Bank, which is the mortgagee of the instant apartment.
2 The Incheon District Court shall pay 125,274,024 won to the defendant, excluding the cost of execution on December 13, 2017, as the first small lessee of the amount of 27,00,000 won to the defendant, and to Gyeyang-gu Incheon Metropolitan City.