전세권이전등기 청구의 소
1. The Defendant received on December 7, 2012 from the registry office of the Seoul Central District Court on real estate stated in the attached list from the Plaintiff.
1. Basic facts
A. On December 7, 2012, the Defendant concluded a contract to lease on a deposit basis, setting the deposit basis amount of KRW 470,000,000, and the term of existence of chonsegwon from December 7, 2012 to December 6, 2014 with respect to the Seoul Gangnam-gu Seoul Metropolitan Government D building 601 (hereinafter “instant real estate”), which is owned by C, to conclude a contract to lease on a deposit basis, and completed the registration of establishment of chonsegwon as Seoul Central District Court No. 288454, Dec. 7, 2012.
(hereinafter referred to as “the instant chonsegwon”). B.
On December 13, 2012, the Defendant: (a) prepared an assignment contract to the effect that the Plaintiff will transfer KRW 470,000,000 to the Plaintiff the lease deposit claim for the instant real estate; and (b) notified C of the assignment to the same effect to C who is the person who has established the right to lease on a deposit basis; and (c) delivered the said notification to C.
The defendant issued the certificate of chonsegwon registration to the plaintiff on the same day.
The Plaintiff occupied the instant real estate from that time.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5 through 9, the purport of the whole pleadings
2. According to the above facts of recognition, the defendant agreed to transfer the right to lease on a deposit basis to the plaintiff at the time of transfer. Thus, the defendant is obligated to implement the registration procedure for transfer based on the transfer as of December 13, 2012 to the plaintiff on the registration of the right to lease on a deposit basis.
3. The defendant's argument on the plaintiff's assertion argues that even according to the plaintiff's argument, the right to lease on a deposit basis of this case was set at the bar of the plaintiff's husband E in order to scarke, and because E intends to acquire it in the name of the plaintiff, it constitutes an act prohibited under the Real Estate Real Name Act,
However, the Defendant agreed to transfer KRW 470,00,000 to the Plaintiff the lease deposit claim for the instant real estate, and notified the transfer of the claim to the same purport, and issued the registration certificate of chonsegwon to the Plaintiff.