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(영문) 대구지방법원포항지원 2019.11.28 2019가단102091

전세권설정등기말소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. A. On February 20, 2005, the Plaintiff entered into a lease agreement and a contract to establish a right to lease on a deposit basis with C for the purpose of using each real estate as D’s training center (port port). On February 20, 2005, the Plaintiff entered into a lease agreement with C as set forth in the attached list owned by C, KRW 30 million per month, KRW 650,000 per month, and the lease term from February 20, 2005 to February 19, 2007. 2) On March 14, 2005, the Plaintiff entered into a lease agreement with C as well as each of the above real estate into a lease agreement with C as set forth in the attached list owned by C from March 14, 2005 to March 13, 2007, and at this time, the Plaintiff entered the lease agreement as “the Defendant” as the “Defendant.

B. On March 16, 2005, C, upon entering into a lease agreement, only only the Plaintiff was the only person, and the Defendant was not sufficient, and C consented to the purport that “I cannot register the establishment of the right of lease on a deposit basis under the name of a public official, and I want to register the establishment of the right of lease on a deposit basis under another person’s name.” 2) C completed the registration of the establishment of the right of lease on a deposit basis pursuant to the contract to establish the right of lease on a deposit basis on a deposit basis.

3) The original lease contract and the registration certificate of the establishment of chonsegwon are kept in D from around that time. [The fact that there is no dispute over the grounds, No. 12, No. 12, No. 34, witness C’s testimony, and the purport of whole pleadings]

2. In determining the legitimacy of the instant lawsuit, both the Plaintiff and the Defendant dispute whether the party to the instant lease agreement (Lessee) is the Plaintiff, but this is distinguishable from the “right to lease on a deposit basis” which is the grounds for registration of establishment of a right to lease on a deposit basis.

However, since a lease contract and a contract to establish a right to lease on a deposit basis are actually related, the actual parties are deemed to be the same. Thus, both parties' arguments are determined as "whether a party to a contract to lease on a deposit basis is the plaintiff."

The plaintiff, which is the cause of the claim, may seek C to implement the procedure for registration of the establishment of chonsegwon.