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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.
Reasons
1. Facts of recognition;
A. On September 2, 2009, the Plaintiff, as a broker of Defendant B, entered into a lease agreement with the Plaintiff to lease the rooftop bank from September 30, 2009 to September 29, 201 by setting the lease deposit amount of KRW 50,00,00, and the term of the contract from September 30, 2009 to September 29, 201 (hereinafter “instant lease agreement”).
B. At the time of the instant lease agreement, the mortgage amount of KRW 31,200,000 with the maximum debt amount and KRW 36,000,000 with the maximum debt amount of KRW 360,000 with the joint collateral for each of the said real estate was set up in the future, and F and G have already leased each of the respective parts of the instant building in KRW 100,000,000 with the lease deposit of KRW 50,000,000, respectively, and the Housing Lease Protection Act Article 3 and Article 4 had already been satisfied.
In addition, even though the instant building was registered as located in the instant land in the registry of the instant building, it was actually located in the front end of the instant building, Guro-gu Seoul Metropolitan Government I and 142 square meters (hereinafter “instant land”) adjacent to the instant land. However, at the time of the instant lease agreement, the instant land had already been set up a right to collateral security of KRW 54,00,000 with the maximum debt amount of KRW 54,000 and KRW 69,60,000 with the maximum debt amount of KRW 59,60,000, respectively, and the said right to collateral security was set up as the instant land and the building joint collateral.
(C) In the real estate register for the instant land and building, the land of this case stated the fact that the land of this case was offered as a joint security as above.
However, at the time of the instant lease agreement, Defendant B entered the Plaintiff in the real estate registration register of the land and building in the instant lease agreement, and each of the above collateral mortgages between the Bank and E.