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(영문) 서울동부지방법원 2016.08.19 2016가합156

전세권설정등기말소

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On December 29, 2000, the reforest consulting company (hereinafter “reforest consulting”) entered into a lease agreement with the Defendant on a deposit basis with the term of 8,109,321,000 won for lease on a deposit basis, and June 14, 201 for the lease term of 6,688.1 square meters for each real estate of this case and parking lots attached thereto, and completed the registration of each of the instant lease on a deposit basis on a deposit basis on a deposit basis with the Defendant, and completed the registration of each of the instant lease on a deposit basis on July 18, 2001.

On September 26, 2001, the Defendant concluded a modified contract by reducing the deposit amount to KRW 8,006,283,000, respectively, as a total of 6,603.12 square meters (hereinafter “the subject matter of the lease on a deposit basis”) of the subject matter of the lease on a deposit basis (hereinafter “the subject matter of the lease on a deposit basis”).

A received on June 16, 2003 the ownership of each of the instant real estate from forest consulting, and on June 25, 2003, A completed the provisional registration of the right to claim ownership transfer (hereinafter referred to as “provisional registration of this case”) with respect to each of the instant real estate to his model B.

On June 25, 2014, the Plaintiff transferred the right to claim ownership transfer from B, and completed the principal registration based on the provisional registration of this case on August 8, 2014.

[Grounds for recognition] In the absence of dispute, Gap 1, 2, and 14 evidence, and the plaintiff's assertion as to the plaintiff's claim for cancellation of the registration of the establishment of chonsegwon as a whole, the period of lease on June 15, 201 has expired, and the right to claim the return of lease on a deposit basis has expired as follows. Thus, the plaintiff's claim against the defendant for cancellation of each registration of the establishment of lease on a deposit basis.

Around October 2007, the Defendant purchased each of the instant real estate from B, the right holder of the instant provisional registration, in the amount of KRW 12.25 billion, and offset the said claim for the refund of security deposit against the amount equal to the purchase price claim.

Even if it is not so, the plaintiff has the damage claim or management fee claim exceeding the above deposit money against the defendant as follows.