전세권설정등기말소이행청구
1. As to the real estate stated in the attached list to the plaintiff, the defendant shall be the Busan District Court's Dong Branch of Busan District Court.
1. Basic facts
A. On September 23, 2013, the Plaintiff entered into a lease agreement with the Defendant for a deposit of KRW 80 million, monthly rent of KRW 200,000, and the period from September 23, 2013 to September 25, 2015 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).
(hereinafter “instant lease agreement”). B.
On March 24, 2010, in order to secure the right to return the lease deposit under the instant lease agreement, the Defendant registered the establishment of the instant lease on a deposit basis with the Busan District Court Branch of Dong Branch of Dong Branch of the District Court, Busan District Court No. 14636, Mar. 24, 2010, from September 23, 2009 to September 22, 2011 with respect to the instant real estate.
C. Meanwhile, the instant lease agreement is stipulated as follows.
Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.
In such cases, the lessor shall return the deposit to the lessee, and if the rent or damages are paid, it shall be prevented and the balance shall be refunded.
The Defendant has operated a reading room by modifying the facilities of the instant real estate.
E. The Defendant did not pay the rent from May 2015.
F. On September 24, 2015, the Plaintiff deposited 23,512,000 won (=80,000,000 - 11,000 additional 4,800,000 additional 5 months in arrears from September 2015, 2015, deducting the expenses, etc. required for the overdue rent and restitution from deposit KRW 80,000 under the instant lease agreement, on the ground that the Defendant’s deposit was refused to receive KRW 7428 in Busan District Court Decision 2015, the Plaintiff deposited 23,512,000 after deducting the expenses, etc. required for the overdue rent and restitution from deposit KRW 80,00 under the instant lease agreement. On March 3, 2016, the Plaintiff deposited 11,000,000 additional 4,000 won after deducting the aforementioned amount from the error under Article 1462,146,000.
[Ground of Recognition] Unsatisfy, Gap Nos. 1, 2, 3, 3.