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(영문) 서울서부지방법원 2018.01.18 2017나37687
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On April 7, 2009, the Plaintiff purchased real estate of the first and second floors underground of the D building in Gyeyang-gu, Gyeyang-gu, Seoyang-gu (hereinafter “each of the instant real estate”) from C and completed the registration of ownership transfer on the grounds of sale on the same day.

B. Moreover, on the day of the above sale, C continued to operate the well-being in the above real estate (hereinafter “the well-being in this case”) by setting the lease deposit amount of KRW 400 million, monthly rent of KRW 12 million, from April 7, 2009 to April 6, 2010, and setting the lease term as from April 7, 2009, and continued to operate the well-being in the above real estate (hereinafter “the well-being in this case”). The registration of creation of a new mortgage with the maximum debt amount of each of the instant real estate as KRW 50 million, the debtor, and the mortgagee C

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) C.

The lease contract between the Plaintiff and C on the instant private letter was terminated on November 17, 201, and around that time, the Defendant leased the instant letter of private letter in the monthly rent of KRW 6 million with the Plaintiff under a verbal contract with the Plaintiff, and used and profit from each of the instant letter of private letter until February 24, 2015, when the Plaintiff lost its ownership.

C On February 23, 2010, a lessee of the instant private letter box, sub-leaseed the instant private letter box to E with a deposit of KRW 50 million and a deposit of KRW 50 million from March 15, 2010, and received KRW 50 million from E.

However, on February 15, 201, E, a pipe of C's self-defeasure, provisionally seized the instant collateral security by having the said sub-lease deposit as the preserved bond.

E. On Oct. 28, 2011, the Defendant expressed the complaint against the provisional seizure of the foregoing right to collateral security, and notified E of the suspension of the operation of the store. On Oct. 28, 2011, E terminated the sublease relationship with the store, refunding KRW 50 million to E.

The above sub-lease deposit is KRW 15 million deposited by the Defendant to F’s account on October 27, 201, and KRW 20 million deposited by the Plaintiff to F’s account on the same day. This case’s 20 million.

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