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1. The Plaintiff:
A. Defendant B’s KRW 50,000,000 and for this, KRW 5% per annum from November 23, 2016 to March 27, 2018.
Reasons
1. Facts of recognition;
A. On August 30, 2014, the Plaintiff concluded a lease agreement between the Plaintiff and Defendant B with the broker of Defendant C, a licensed real estate agent, set forth 305 units of the multi-family house on D’s fourth floor (hereinafter “instant house”) owned by Defendant B as the lease deposit amount of KRW 50,00,000, and the lease term of KRW 50,000 from September 2, 2014 to September 1, 2016 (hereinafter “instant lease agreement”), and around that time, the said lease deposit was paid to Defendant B.
B. The relationship of rights regarding the instant housing and its site had already been established prior to the conclusion of the instant lease agreement, the maximum debt amount of the Saemaul Depository’s mortgage amount of KRW 520,000,000, which is the mortgagee.
On the other hand, the lease relationship of the house of this case is as listed in the following table.
A lease deposit with a fixed date 201 E. 201. 40,000 won on April 22, 2015, 2015, F. 14 August 14, 2014, G 203: 50,000 won on July 3, 2015; 30,000,00 won on August 3, 2015; 4. 0. 0,000,00 won on August 18, 2014; 30,00. 4. 0,00,00 won on August 18, 2014; 4. 30,00,00 won on August 18, 2014; 4, 200, 30. 5,005,00 won on August 25, 2014;
C. On November 24, 2016, the auction procedure regarding the instant housing and the instant site for dividends was commenced, and the auction procedure was initiated to P on November 24, 2016. The appraised value of the instant housing (based on December 23, 2016) was KRW 177,138,00,000 for land, KRW 465,421,440 for building 465,440 for building, and KRW 46,368,00 for building other than the said building.
On September 27, 2017, the following dividends were made regarding KRW 454,435,078 of the amount to be actually distributed on the date of distribution of the said auction case, but the Plaintiff failed to receive the dividends.
The dividend ratio 1O small lessee is the dividend ratio for the dividend priority creditor.