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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. Basic facts
A. The real estate listed in the separate sheet (hereinafter “the apartment of this case”) was completed on October 26, 1993 on the ground of sale as of June 7, 1991, and the registration of ownership transfer was completed under E on October 26, 1993. On April 25, 2002, E completed the registration of creation of a neighboring mortgage with the mortgagee, the National Agricultural Cooperative Federation of Korea, the maximum debt amount of KRW 96,000,000.
B. On February 7, 2006, the Defendants entered into a lease agreement stipulating that the lease deposit amount of KRW 130,000,000 for the instant apartment and the lease term shall be set from April 10, 2006 to April 9, 2008 (hereinafter “instant lease agreement”), and received receipts by paying the down payment 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The Defendants paid KRW 10,00,000 out of the remainder of April 6, 2006 to E, and withdrawn the remainder of KRW 107,00,000 on April 7, 2006, which is the next day, with a check and paid to E. on April 7, 2006, and received KRW 130,000,000 as the lease deposit on April 8, 2006. The Defendants received a receipt to receive the lease deposit of KRW 130,000 on April 8, 206. 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 changed to the registration of the establishment of the mortgage of the same maximum debt amount on April 10, 206.
(B) The registration of the establishment of a neighboring mortgage was cancelled on the ground of termination before the registration of the decision to commence the auction as stated below.
The defendants paid the remainder of the lease deposit to the defendants on April 7, 2006 apartment of this case.