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(영문) 수원지방법원 성남지원 2017.03.22 2016가단218217

전세권말소

Text

1. The Defendant (Counterclaim Plaintiff) is the Suwon District Court with respect to the building indicated in the separate sheet to the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On February 7, 2011, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) entered into a lease agreement (hereinafter “instant lease agreement”) between Sung Young-gu Co., Ltd. (hereinafter “Nonindicted company”) with respect to the set-off D Building No. 815 (hereinafter “instant No. 815”) on the land outside Sung-gu, Sung-gu, Sung-gu, Sung-gu, Sung-gu, Sung-gu, Sung-gu, Seoul (hereinafter “the Non-Party Company”), which is KRW 75,000,000 for deposit money, and the lease period from February 25, 2011 to February 24, 2012, the registration of the establishment of the right to lease on a deposit basis was stipulated under a special agreement as to the list owned by the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) (hereinafter “instant No. 712”).

B. On February 8, 2011, Nonparty Company prepared and gave a confirmation that the instant No. 815 was the final sale to E, and the Defendant paid all KRW 75,000,000 for the instant security deposit to E on February 25, 201.

C. On February 25, 2011, in order to complete the registration of the establishment of chonsegwon as to subparagraph 712 of the instant lease agreement, the Defendant prepared a lease agreement as if the Plaintiff entered into a lease agreement with the Plaintiff on February 25, 2011, and used it to complete the registration of the establishment of chonsegwon with respect to subparagraph 712 of the instant lease agreement until February 24, 2012, the Defendant completed the registration of the establishment of chonsegwon by using the lease agreement as to subparagraph 712 of the instant lease agreement.

On the other hand, on January 29, 2015, F, the Plaintiff and the Defendant’s mother, drafted a notarial deed (quasi-loan for consumption) of a loan with the effect that the Plaintiff shall pay F, on April 30, 2015, KRW 10,000,000, out of KRW 75,000 for the instant key money, and KRW 10,000,000 for each of the instant key money, on April 30, 2015, and the remainder of KRW 5,00,000 for each of the following 5 months from May 20, 2015, the Plaintiff shall pay KRW 1,00,000 each month at the end of each 5-month period, and accordingly, the Plaintiff drafted to F, on January 29, 2015, KRW 216, KRW 00,000 for each of the instant key money, KRW 10,005,005; KRW 10.05,2005.