전세권설정등기말소
1. The Defendant (Counterclaim) registry office of the Suwon District Court on the real estate stated in the attached Table to the Plaintiff (Counterclaim Defendant).
1. Basic facts
A. Each apartment building ownership relationship 1) The Plaintiff owned the apartment of this case, and the husband of C. 2) The Defendant and D are the husband of the apartment of this case. The owner of the E-Lease apartment of 306-1101 (hereinafter referred to as the “Lease apartment of this case”) in the time of harmony between the husband and the wife.
B. The Defendant and D entered into a sales contract for the instant leased apartment between Defendant, D, and C with C on or around May 2007, under which C entered into a sales contract with C on the instant leased apartment with “a loan secured by the instant leased apartment in the name of the Defendant shall acquire the instant apartment as collateral, and additionally paid KRW 55 million to the Defendant and D, and transfer the status of the buyer for the instant leased apartment.” At that time, C received the down payment of KRW 45 million from C.
C. C’s non-authorized lease agreement and undertaking document 1) C’s lease agreement between G and G acting on behalf of the Defendant and D without fulfilling the agreement under the above sales contract (around July 18, 2008, setting the lease deposit amount of KRW 110,000,000 for the instant apartment (hereinafter referred to as “instant lease agreement”) between G and G around July 18, 2008.
A) Around July 30, 2008, C and G entered into a contract of this case with the purport that “a lessee is changed to G that actually rents a lessee.” However, C, while the Defendant and D were not granted the power of representation to conclude the instant lease contract, it was prepared by using the Defendant’s proxy qualification under the instant lease contract with the Defendant.
3. On the other hand, on August 6, 2008, the Plaintiff and C set up a right to lease on the instant apartment in order to secure the repayment obligation of the deposit money for the leased apartment of this case with a large amount of loan to the lessee F of the leased apartment of this case and delay the registration of the establishment of right to lease on a deposit basis without any justifiable reason.