전세권설정등기말소
1. The Plaintiff (Appointed Party) and the Appointed C:
A. As to the real estate listed in the separate sheet, Defendant B.
1. Facts of recognition;
A. On December 4, 2014, as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), D entered into a lease on a deposit basis (hereinafter “instant lease on a deposit basis”) with Defendant B and the second floor 201 of the instant real estate, setting the period from December 18, 2014 to December 18, 2016, and concluded a lease on a deposit basis (hereinafter “the instant lease on a deposit basis”). On December 17, 2014, D completed the lease on a deposit basis (hereinafter “the instant lease on a deposit basis”).
B. On November 29, 2014, Plaintiff (Appointed Party, hereinafter “Plaintiff”) and Appointed C purchased the instant real estate from D, and completed the registration of ownership transfer on January 30, 2015.
C. On October 21, 2016, the Plaintiff and the Selection C agreed to terminate the instant chonsegwon contract with Defendant B, and returned KRW 60,000,000 to Defendant B between June 14, 2016 and October 21, 2016.
On December 15, 2016, as Seoul Central District Court Decision 2016Kadan81339, Defendant Han Bank completed the provisional attachment registration on the same day upon receipt of the provisional attachment order as to the above right to lease on a deposit basis. On January 9, 2017, Defendant Han Bank completed the provisional attachment registration on January 12, 2017 by Busan District Court Decision 2016Kadan9807.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 10 evidence, purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, the instant contract of chonsegwon was terminated upon the agreement on October 21, 2016, and the Defendant B’s claim for the return of chonsegwon was extinguished upon the repayment on the same day. As such, the Plaintiff and the appointed party C are liable to implement the registration procedure for the cancellation of the instant lease on a deposit basis, and the Defendant Han Bank and the National Bank are obligated to express their intent of acceptance on the registration of cancellation.
(b) Defendant Han Bank.