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(영문) 춘천지방법원 강릉지원 2021.01.19 2020가합30029
임대차보증금
Text

Defendant C shall pay 570,00,000 won to the Plaintiff and 12% per annum from April 22, 2020 to the day of full payment.

Reasons

1. Plaintiff’s claim against Defendant C

(a)as shown in the reasons for the attachment of the claim;

B. Article 208(3)3 of the Civil Procedure Act (a judgment by service of public notice) based on recognition

2. Plaintiff’s claim against Defendant B

A. Basic facts 1) Defendant B is the owner of 392 square meters in Gangnam-si D and E large 190 square meters in size (hereinafter “instant land”).

2) On April 29, 2019, the instant land had been registered as the maximum amount of claims 350,000,000,000 won, Defendant B, and the Plaintiff, the Plaintiff of the right to collateral security (hereinafter “the creation, etc. of the first right to collateral security”) (hereinafter “the creation, etc. of the first right to collateral security”) on the instant land and the building 1,200,000,000 on May 10, 2019 with respect to the instant land and the instant land and the building 1,200,000,000,000 monthly rent, 5,000,000,000 from August 10, 2019 to August 10, 2023 (hereinafter “the instant lease”). Under the said lease agreement, the lessor and the Plaintiff are the Plaintiff under the said lease agreement.

4) Meanwhile, on June 4, 2019, Defendant B entered into a contract to trade the instant land with Defendant C for a price of KRW 700 million, and the establishment of the tenant A (Plaintiff) established at the time of the payment of the remainder under the Special Agreement No. 3 at the time of the said contract was agreed to change the debtor.

5) On June 28, 2019, the registration of the establishment of the first right to collateral security was cancelled, and on the same day, the maximum amount of the instant land was 208,000,000 won, the debtor, the debtor, and the debtor and the mortgagee, the FF association of the mortgagee was established.

6) As to the instant land on July 9, 2019, the maximum amount of claims KRW 350,000,000, and the registration of the establishment of the right to collateral security, which is the debtor B and the plaintiff of the right to collateral security (hereinafter “instant right to collateral security”). Defendant B had voluntarily created the instant right to collateral security to the plaintiff by Defendant C, and Defendant B had voluntarily created the instant right to collateral security against the plaintiff. The Plaintiff asserted that there was no secured obligation under the instant right to collateral security, and that there was no secured obligation under the instant right to collateral security, the procedure for cancelling the registration of the instant right to collateral security was implemented as 30404.

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