beta
(영문) 수원지방법원평택지원 2019.07.05 2018가단54529

근저당권말소

Text

1. On January 26, 2018, the Defendant received on the real estate stated in the separate sheet from the Suwon District Court’s Ansan Branch on the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or are recognized by comprehensively taking account of the respective descriptions of Gap evidence 1-7, Eul evidence 1-5, Eul evidence 1-5, and the overall purport of each of the testimony and arguments of Eul, D, and E, and the testimony of Eul evidence 1 and 5 and testimony of witness F does not fall short of the subsequent recognition or interfere with the above recognition.

On January 26, 2018, the Plaintiff planned that G sell all of the above-ground gas station buildings and facilities, including real estate listed in the attached list (hereinafter “instant gas station site”) to G, and entered into a lease agreement with G under the following conditions (hereinafter “instant lease agreement”). At the request of G, the lessee agreed to determine the title holder C.

The lease term: From February 8, 2018 to May 7, 2018: 50,000 won for the rent of 4 million won for the following five million won: (a) a lessee cannot transfer a security deposit claim; (b) a lessee shall not transfer a security deposit claim to a third party at the time of transfer of a security deposit claim to a third party; (c) the lessee shall pay the lessor KRW 730,000 as the purchase price within three months from the date of occupancy as the lease contract is terminated automatically; (d) the lessee shall waive the security deposit at the time of payment; (e) the lessee shall immediately return the leased object; and (e) million won as the lease deposit at the time of sale and purchase; and (e) the nominal owner at the time of sale and transfer registration shall be a person designated by the lessee.

B. The instant lease agreement was completed in the building of the gas station. At the time of conclusion of the contract, E, G, contract broker, a lessor’s agent, D was present, and F, an employee of the certified judicial scrivener’s office, was present in order to conclude a mortgage agreement separately from the lease agreement as follows:

C. E representing the Plaintiff confirms that 50 million won was deposited in the account under the name of the Plaintiff, and then to D.