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(영문) 서울서부지방법원 2019.07.03 2018가단19685

전세권설정등기말소

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1. On July 2014, the Defendant: (a) on the real estate stated in the separate sheet to the Plaintiffs, the Yongsan District Court of the Seoul Western District Court.

Reasons

1. Indication of Claim: On July 21, 2014, D leased the entire 324.6 square meters of the real estate in the separate sheet (hereinafter “instant real estate”) from the Plaintiffs (the two floors in the current status, one floor in the public record), as indicated in the separate sheet (hereinafter “instant real estate”) from the Plaintiffs, and completed the registration of the establishment of a right to lease on a deposit basis to secure KRW 100 million.

Since October 20, 2017, D delayed the rent and management expenses, etc. as of October 20, 2017. The Plaintiffs filed a lawsuit against D, etc. on the grounds of termination of the contract following the rent delay and received a favorable judgment on January 11, 2018, and received the instant real estate from the end of March 2018.

At the time, the above lease deposit was deducted from the overdue rent, etc., and instead, the plaintiffs have the claim amounting to KRW 40 million against D.

Since then, D did not cancel the registration of the right to lease on a deposit basis even at the request of the plaintiffs more than once, and on May 29, 2018, the defendant was appointed as D manager.

On November 13, 2017, the Defendant is obligated to implement the procedure for registration of cancellation of the right to lease on a deposit basis for termination of the contract to the Plaintiffs.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);