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(영문) 수원지방법원성남지원 2017.06.21 2017가단888

전세권설정등기말소청구

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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On April 14, 2015, the Plaintiffs leased the lease deposit of KRW 138 square meters on the Western side to Defendant C Co., Ltd. (hereinafter “Defendant C”) from among the first floor of the buildings listed in paragraph (2) of the attached Table (hereinafter “instant building”) as indicated in paragraph (2) of the attached Table (hereinafter “instant building”), with the lease deposit of KRW 100,000,000, monthly rent of KRW 12,000,000 (excluding value-added tax), and from May 15, 2015 to May 14, 2017.

(hereinafter “Lease of this case”). (b)

In order to secure the claim for the return of the lease deposit of this case, Defendant C completed the registration of the establishment of chonsegwon (hereinafter “registration of lease on a deposit basis of this case”) as to each real estate listed in the separate list owned by the Plaintiffs by Suwon District Court, Sung-nam Branch of Gwangju District Court on July 6, 2015.

C. After that, on July 6, 2015, Defendant D lent KRW 50,000 to Defendant C and Defendant C’s inside directors E, and completed the registration of the establishment of a mortgage on the instant chonsegwon (hereinafter “registration of the establishment of a mortgage on chonsegwon”) on July 6, 2015, the Suwon District Court, Sungnam-nam Branch of Gwangju District Court, Sung-nam Branch Office, Seoul Branch Office, issued on July 6, 2015 (hereinafter “registration of the establishment of a mortgage on chonsegwon”).

[Ground of recognition] Defendant C: The judgment by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3) of the Civil Procedure Act): The absence of dispute against Defendant D; Gap evidence 1 through 5; Eul evidence 1; Eul evidence 2; the court's response to the dispatch of documents to Sungnam branch of this court; the purport of the whole pleadings;

2. The plaintiffs' assertion

A. The instant lease agreement between the Plaintiffs and the Defendant C was terminated due to Defendant C’s delinquency in rent.

B. The instant lease deposit was entirely deducted from the overdue rent of Defendant C and extinguished.

C. Therefore, Defendant C performed the registration procedure for cancellation of the registration of the instant chonsegwon to secure the right to refund the lease deposit of this case, and Defendant D, who completed the registration of establishment of the instant chonsegwon, is a third party with a registered interest.