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1. Revocation of the first instance judgment.
As to the case of the application for the auction of the real estate B in Sungwon District Court, Sungwon District Court B.
Reasons
1. Facts of recognition;
A. On October 10, 2005, the Plaintiff acquired the instant lease agreement, the Plaintiff’s opposing power, and the right to preferential payment (i) between C and C on October 10, 2005, 101 Dong 201 (hereinafter “instant apartment”).
As to the lease deposit, the lease agreement was concluded with the term “two years from the date of delivery” (hereinafter “the lease of this case”) as the lease deposit amount of KRW 145 million and the term “two years from the date of delivery”).
(2) On July 12, 2007, the Plaintiff and C renewed the lease contract on July 12, 2007, which was around the expiration date of the above lease term, and the deposit increased by KRW 5 million, but the increased portion seems not to have obtained a fixed date. (2) The Plaintiff transferred the instant apartment on November 14, 2005, and resided in the instant apartment from around that time. On November 25, 2005, the Plaintiff filed a move-in report and obtained the fixed date on the instant lease contract, and maintained the resident registration and resided in the instant apartment.
B. On July 22, 2008, the establishment C of subordinated collateral security was granted a loan from Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) on or around July 22, 2008. As to the apartment of this case, the establishment C of Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) completed the registration of establishment of a collateral security with the maximum debt amount of KRW 283,400,000 in
C. (1) On July 16, 2007, the Plaintiff transferred the right to return the lease deposit to Dae Young Mutual Savings Bank Co., Ltd. (hereinafter “Seo Young Savings Bank”).
(C) In the event that a loan is granted to KRW 55 million, the claim for the refund of the deposit for lease on the apartment of this case (hereinafter “the claim of this case”) shall be made for the purpose of the security.
(2) On June 25, 2010, the Dae Young Savings Bank completed the lease registration of the instant apartment on behalf of the Plaintiff on behalf of the Plaintiff, and on December 31, 2010, transferred the instant right to loan to SAF (hereinafter “SAF”) and transferred the instant right to loan to SAF (hereinafter “SAF”), which was offered as security.
3 The assignment of claims above.