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1. Revocation of the first instance judgment.
2. According to the selective claims added at the trial, the defendant shall attach attached Form 2 to the plaintiffs.
Reasons
Basic Facts
AB purchased ACtel in Gwangjin-gu, Seoul (hereinafter “instant building”) and completed the registration of ownership transfer on March 21, 2012, and subsequently, on May 16, 2008, acquired the secured debt under the name of the National Bank on May 16, 2008 (the maximum debt amount of the mortgage amount of KRW 2.82 billion) with the discharge of the secured debt, and changed the maximum debt amount of the said mortgage amount of KRW 2.4 billion on March 23, 2012 to the National Bank, and on the same day, additionally created the secured debt amount of KRW 516 billion with the maximum debt amount of KRW 516 billion to the National Bank.
In addition, on March 23, 2012, AB deleted the existing Scar Mutual Savings Bank’s name (the maximum amount of claims KRW 180 million). On June 15, 2012, AB created an additional maximum amount of claims KRW 1.3 billion with respect to the instant building on the ground that on June 15, 2012, in addition, AB created an additional maximum amount of claims KRW 1.3 billion with respect to the Scar Mutual Savings Bank, the maximum amount of claims for each of the instant buildings was KRW 4.6 billion with respect to each of the instant buildings (=2.4 billion with a total of KRW 516 billion with respect to KRW 1.3 billion).
From November 2012 to April 2013, the Plaintiffs concluded a lease agreement with the Defendant, the owner of which and the lessor represented by AB as indicated in the attached Table of the status of the lease (hereinafter referred to as “the attached Table of the status of lease”) with regard to each of the corresponding units in the “subject matter” as indicated in the “subject matter” column, with regard to each of the corresponding units in the “subject matter” (hereinafter referred to as “each of the instant lease agreements”).
[However, the lease contract of Plaintiff X on December 31, 2012 is a renewal contract of the lease contract with the deposit amount of KRW 30 million as of April 17, 2012 (a lease deposit of KRW 20 million) and the lease contract of Plaintiff Q on April 21, 2013 (a lease contract with the deposit amount of KRW 50 million as of April 15, 2012). Meanwhile, the building of this case is a renewal contract (a lease deposit increase of KRW 5 million) with the lease deposit of KRW 50 million as of April 15, 2012, which was commenced at the request of the National Bank, which was the right to collateral security interest. On the other hand, the building of this case is an amount of KRW 2.7 billion from the sale date of May 30, 2015, which was commenced at the request of the National Bank, the right to collateral security interest.