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(영문) 부산지방법원 2018.01.11 2016나54145
채무부존재확인
Text

1. Of the judgment of the first instance court, the parts concerning the Plaintiff and the Defendant C Religious Organizations D church shall be modified as follows:

Reasons

Basic Facts

On January 4, 2016, at the request of H, the medical corporation, the Plaintiff’s creditor, the Busan District Court I opened a voluntary auction procedure (hereinafter “instant auction procedure”) with respect to the Plaintiff’s land and buildings owned by J, K, and its ground.

In the instant auction procedure, the Defendants asserted that there was a claim for return of the lease deposit, and filed a report on the right and demand for distribution as a lessee.

From March 1, 2013 regarding the portion of the attached drawing L-dong L-dong L-dong L-dong L-dong (hereinafter “instant church portion”) among the Defendant E-owned buildings in Busan, Busan, (hereinafter “instant building”), the lessee conspireds to make a deposit for the lease agreement on March 1, 2013 concerning the portion of the fourth floor (hereinafter “instant mobile floor”) with the attached drawing indicated on September 30, 2013 concerning the fourth floor (hereinafter “instant mobile building”) among the instant building, Defendant E-owned building, which was located on September 30, 2013; Defendant F’s KRW 10,000,000,000 with a deposit for the lease agreement on September 30, 2013; Defendant F’s housing portion of the instant building (Ban 3,200,000,000 won and KRW 45,000,000,000 and KRW 137,000,000,000.

Even if Defendant church and E were genuine lessees, the said Defendants did not have paid rent from the time of the lease agreement, and thus, the said Defendants’ deposit should be deducted from the Defendants’ deposit to the time of delivery of the instant church parts and the instant demonstration parts.

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