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Reasons
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(영문) 서울중앙지방법원 2017.09.05 2016가단5259380
양수금
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1. The Plaintiff:

A. Defendant B shall not exceed KRW 83,764,290 within the limit of KRW 216,00,000 and KRW 83,230,711 among them.

Reasons

1. Basic facts

A. The lease contract, lease on a deposit basis, pledge, and guarantee insurance contract 1) C between D and D on January 16, 2014 (hereinafter “instant real estate”) is as follows: (a) the Yeongdeungpo-gu E apartment 102 Dong 702 (hereinafter “instant real estate”).

(2) On January 17, 2014, C concluded a lease agreement with the term of lease deposit amounting to KRW 180,000,000, and the term of lease from January 22, 2014 to January 21, 2016. On January 17, 2014, C borrowed KRW 180,000,000 for the lease deposit claim against D as collateral, and C provided a pledge (hereinafter “instant pledge”) with a maximum amount of KRW 216,00,00 for the lease deposit claim against D.

3) In relation to the repayment obligation of loans under the above loan loan, C is an individual financial (lease) credit insurance contract between January 22, 2014 and January 21, 2016 (hereinafter “instant insurance contract”).

B) On February 4, 2014, after the conclusion of the instant lease agreement, Defendant B’s acquisition of the ownership of real estate and notification of teaching life insurance, etc. (i) the transfer of ownership in F on the instant real estate was made on February 4, 2014; and (ii) on February 27, 2014, it notified F of the fact that teaching life was obligated to preferentially pay the deposit for teaching life upon the expiration of the period of the said pledge and the term of the lease. This reached F around that time.

2. After that, on September 26, 2014, Defendant B completed the registration of ownership transfer on the ground of a sales contract dated September 25, 2014 with respect to the instant real estate, and on January 6, 2015, Defendant B notified Defendant B of the fact of the above pledge and the term of lease that he/she is obligated to preferentially pay the deposit for the teaching life at the expiration of the term of lease, whichever is against Defendant B.

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