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1. The Plaintiff, Defendant B, and Defendant Seoul Guarantee Insurance Co., Ltd. are 189,00,000 won, and Defendant B and each of the above amounts.
Reasons
On July 14, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, a licensed real estate agent, with respect to C and C’s third floor Nos. 301 (hereinafter “instant real estate”) owned by Seocho-gu Seoul Metropolitan Government D, with a deposit amount of KRW 210,00,000, and the period from August 17, 2012 to August 16, 2014.
The instant real estate was established with the right to collateral security under the name of the Korean Bank Co., Ltd. (hereinafter “Cmat Bank”) and the maximum debt amount of 193,700,000,000, the aggregate maximum debt amount of which is 196,000 won (hereinafter “the instant collateral security”).
At the time of the instant lease agreement, the Plaintiff paid the remainder KRW 189,000,000 on the date of the contract, and the remainder KRW 189,00,000 on August 17, 2012, and C agreed to cancel the registration of the instant mortgage creation by the payment date of the remainder (hereinafter “instant special agreement”).
The Plaintiff paid the down payment to C on the day of the instant lease agreement, and around 12:30 on August 17, 2012, the Plaintiff worked together with Defendant B and the former lessee of the instant real estate in the E-real estate office operated by Defendant B to pay the remainder, but it was difficult to find the remainder of KRW 189,000,000, not based on the time agreed by C, to Defendant B.
After that, C arrived at the above E-real estate office, and the remainder of KRW 189,00,000 was paid to the above former lessee.
C had been planned to cancel the registration of establishment of the instant mortgage with a new loan from the Sti Bank, but did not have been granted the loan thereafter, and the registration of establishment of the instant mortgage was not cancelled even until the auction procedure was commenced as follows.
On March 18, 2013, according to the request for auction by the CT Bank, the auction procedure (Seoul Central District CourtF) was commenced on the instant real estate, and the instant real estate was KRW 353,00,000,000 on July 24, 2014.