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(영문) 서울고등법원 2018.11.15 2017나2051069
배당이의
Text

1. The part of the judgment of the first instance against the plaintiff B shall be revoked, and the lawsuit against the plaintiff B shall be dismissed.

2. Plaintiff 1 among the judgment of the first instance.

Reasons

1. Basic facts

A. 1) Plaintiff A Co., Ltd. (formerly changed is H Co., Ltd.; hereinafter referred to as “A”) without distinguishing it.

On November 22, 1996, Defendant C is the J and Complex Building in Sung-nam City I (hereinafter “instant building”).

(2) The first deposit of KRW 58,590,00 was KRW 73,50,000, and around January 14, 2004, the deposit was changed to KRW 58,590,000. A lease contract was concluded for the lease of KRW 20,000. The lease contract was concluded for the lease of KRW 58,590,00. The Plaintiff A created a right to collateral security under the name of Defendant C to secure the obligation to repay the deposit amount. (2) On May 2, 1997, the Plaintiff A created a lease agreement for the lease of KRW 52,412,00,00 to Defendant D for the lease of KRW 3rd of the instant building in the name of the maximum debt amount in the name of Defendant D for the purpose of securing the obligation to repay the deposit amount. (3) The Plaintiff A created a right to collateral security under the name of Defendant D.

3) M Co., Ltd. (hereinafter referred to as “M Co., Ltd.”)

(1) On October 18, 2001, Defendant E’s first lessee was Q and 13 others, and was changed to Defendant E, etc. on May 23, 2002. On May 23, 2002, Defendant E, etc. The three floors N of the instant building (hereinafter “instant three floors N, L, and K, each of the instant stores”).

) The first deposit of KRW 245,028,00 was KRW 241,920,000, and around May 23, 2002, the deposit was increased to KRW 245,02. The lease term of KRW 20 years (hereinafter referred to as “each of the instant lease”, including each of the above lease term of KRW 20 years.

(4) On December 30, 1994, the Plaintiff F was changed to the Dispute Resolution Co., Ltd. on December 30, 1994.

In accordance with the above contract, the defendant F entered into a lease contract to lease the second underground floor of the building of this case in KRW 130,000,000, and the deposit amount of KRW 63,207,000 out of KRW 130,000.

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