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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties or the following facts; (b) evidence Nos. 1, 2, 3, 9, and 1, 2, 3, 4, 6, 11, and 13; and (c) the fact inquiry results with respect to Chapter C of this Court and the purport of the entire pleadings against the D apartment management office as of April 25, 2014.
Attached Form
The registration of ownership transfer was completed under E on October 26, 1993 on the ground of sale and purchase on June 7, 1991, for real estate listed in the list (hereinafter “the apartment of this case”). On April 25, 2002, E obtained a loan of this case as collateral, and completed the registration of creation of a neighboring mortgage amount of KRW 96,000 with the mortgagee, National Agricultural Cooperative Federation, the maximum debt amount of KRW 96,00,000.
B. On February 7, 2006, the Defendants entered into a lease agreement between E and Defendant B, setting the lease deposit of KRW 130,000,000 with respect to the instant apartment, and setting the lease term from April 10, 2006 to April 9, 2008 (hereinafter “instant lease agreement”), and received receipts (Evidence 2) by paying the lease deposit of KRW 13,000,000 on the date of the contract to E.
C. The remainder amounting to KRW 117,00,000 at the time of the instant lease agreement shall be paid on April 10, 2006; however, in consultation with the present tenant, the agreement was made within 15 days from the inside of April 10, 2006, and the payment of the remainder would be as above.
With respect to the registration of the establishment of a neighboring mortgage as stated in the port, an agreement was made to register the reduction of the principal amounting to KRW 55,000,000.
The Defendants paid KRW 10,00,000 out of the remainder of April 6, 2006 to E, and withdrawn the remainder of KRW 107,00,000 on April 7, 2006, which is the next day, with a check and paid to E. on April 7, 2006. On April 8, 2006, the Defendants received a receipt that received KRW 130,000,000 as the lease deposit. Accordingly, according to the special agreement under the lease agreement of this case, the registration of the establishment of the mortgage of KRW 96,00,000 for the apartment of this case was completed on April 10, 206.