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(영문) 서울중앙지방법원 2016.08.19 2015가단5346867

전세권설정등기말소등기 절차이행 등

Text

1. Defendant B:

(a) KRW 5,11,00 and annual 6% from March 17, 2015 to June 24, 2016; and

Reasons

1. Basic facts

A. On November 1, 2002, the Plaintiff entered into a lease agreement with Defendant B, setting the lease deposit amount of KRW 100 million, monthly rent of KRW 9 million, and the lease term from November 13, 2002 to October 31, 2005, under which each of the real estates listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estates”) is leased to Defendant B (hereinafter “instant lease agreement”). Around that time, the Plaintiff transferred the instant real estate to Defendant B and received KRW 100 million from Defendant B.

Defendant B operated C in each of the instant real estate since that time.

B. On November 13, 201, in order to secure the return of the above lease deposit, the Plaintiff completed the registration of the establishment of the right to lease on a deposit basis (hereinafter “registration of the right to lease on a deposit basis”) for each of the instant real estate by KRW 100 million, the duration of the right to lease on a deposit basis, October 31, 2005, and Defendant B.

C. On April 27, 2015, the Defendant Industrial Bank of Korea received the Seoul Central District Court 2015Kadan803591’s provisional attachment order as to Defendant B’s right to claim the return of lease deposit against each of the instant real estate. Upon the court’s request, the registration of provisional attachment on the claim for lease on a deposit basis was completed on April 28, 2015 by the Suwon District Court 84931, which was received on April 28, 2015. On May 13, 2015, the Seoul Central District Court 2015Kadan803778, which was issued a provisional attachment order as to the right to claim the return of lease on a deposit basis. Upon the court’s request, the registration of provisional attachment on the claim for lease on a deposit basis was completed on June 9, 2015 by the Suwon District Court 122411.

On the other hand, on August 27, 2015, the Defendant Industrial Bank of Korea transferred loans, claims, etc. against Defendant B to Korea Securities Finance Corporation. On September 22, 2015, the Korea Securities Finance Corporation transferred the said claims to the Intervenor’s successor to the Industrial Bank of Korea. The Intervenor’s successor to the Industrial Bank of Korea registered assets securitization to the Financial Supervisory Service pursuant to the Asset-Backed Securitization Act, and the Defendant is the Defendant.