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1. Defendant B, C, and D jointly pay KRW 65,00,000 to the Plaintiff. 2. Defendant E and F Association of the Plaintiff.
Reasons
This case is related to the case No. 222775 case of this Court 2018 A.S. court (the case where another lessee raised against Defendant B and C).
1. Facts of recognition;
A. On December 6, 2016, with respect to the Seo-gu, Seo-gu, Daejeon, H ground-based multi-family house (17 households; hereinafter “the instant multi-family house”) with the ownership preservation registration completed under the name of Nonparty I on the same day, and on the same day, the debtor was the above I, and the registration of the establishment of the two-mortgage security right was completed on the basis of the maximum amount of each claim amounting to KRW 910,00,000 and the maximum amount of each claim amounting to KRW 91,00,000 in the name of the JJ union (the above two-mortgage claim amount is KRW 1,10,000,000,000 and the actual amount of the secured claim amount is KRW 77,00,000,000,0000,0000,0000 won). (b) The purchase of the instant multi-family house by Defendant B, C, and C concluded the registration of ownership transfer from the above I to KRW 1.
Accordingly, the actual secured debt amount of the above mortgage was KRW 770 million at the time of purchase, and the lease deposit of the lessee of the multi-family house was KRW 936 million, which was established on the multi-family house at the time of the purchase. The sum of the lease deposit of the lessee of the above multi-family house was KRW 1.76 million. The defendant B and C purchased this amount in KRW 1.63 billion, and the defendant B and C paid the purchase price to the seller, rather than paying the difference from the seller I, but rather completed the transfer registration in the name of the defendant B and C.
(c)
On May 20, 2017, the Plaintiff’s lease due to deception of the amount of senior deposit, and thereafter, on May 20, 2017, the Plaintiff leased the K-house of the multi-family house of this case from Defendant B and C to the co-owner of the multi-family house of this case through the mediation of Defendant E by the authorized broker broker.
At the time, Defendant B delegated the right to enter into a lease agreement to Defendant C, and Defendant C received the final date prior to the Plaintiff at the time of entering into the lease agreement.