전세권설정등기말소 등
1. As to the real estate stated in the attached list to the Plaintiff, the Defendant shall make a registration office for the Gwangju District Court's net support.
1. Basic facts
A. On July 4, 1989, the network C entered into a contract to establish a right to lease on a deposit basis with the Defendant as to the second floor among the real estate listed in the separate sheet (hereinafter “instant real estate”) from July 4, 1989 to February 3, 1999, and completed a registration for the establishment of a right to lease on a deposit basis as stated in the same order (hereinafter “right to lease on a deposit basis”) with the Defendant.
B. C donated the instant real estate to D on March 24, 1997, and upon D’s death on September 10, 2018, the Plaintiff, wife, inherited the instant real estate solely.
C. After the expiration of the above duration, the Defendant transferred the second floor of the instant real estate to D and removed from the Republic of Korea.
[Ground of recognition] Facts without dispute, Gap 1 evidence, Gap 2 evidence, purport of whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff alleged that the deceased or D returned the entire security deposit to the defendant. However, there is no evidence to acknowledge this, the above assertion is without merit.
B. Where the judgment on the claim for the extinction of the right to lease on a deposit basis terminates due to the expiration of the term of the right to lease on a deposit basis or the termination of the agreement, the right to use the right to lease on a deposit basis shall be extinguished and the registration of the right to lease on a deposit basis shall continue to exist until the right to lease on a deposit basis is returned
(see, e.g., Supreme Court Decision 2014Da10694, Nov. 17, 2015). In light of the foregoing legal doctrine, the right to lease on a deposit basis was terminated as of February 3, 199, and the right to lease on a deposit basis was extinguished as of February 3, 199, and ten years have elapsed from the expiration date of the above term that the Defendant could exercise the right to lease on a deposit basis. As such, the Defendant’s right to lease on a deposit basis had already expired by prescription, and accordingly, the right to lease on a deposit basis was extinguished.
Therefore, the defendant shall execute the registration procedure for cancellation of the registration of chonsegwon to the plaintiff.