전세권설정등기말소
The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.
The grounds of appeal are examined.
1. Review of the reasoning of the first instance judgment as cited by the lower court and the record reveals the following facts.
On October 29, 2009, the Plaintiff leased (hereinafter referred to as “instant lease agreement”) the J building K (hereinafter referred to as “instant real estate”) located in Changwon-si Codefendant B (hereinafter referred to as “B”) with KRW 100 million, the lease period from January 1, 2010 to December 31, 2018, and the monthly rent from January 1, 201 to December 31, 2018, 6% of the net sales (However, from January 1, 201 to December 31, 2013, the maximum rent shall be KRW 14 million, and the lease shall not exceed KRW 18 million, and the lease shall be registered as a leasehold on April 7, 2010 to secure the repayment of lease deposit under the instant lease agreement (hereinafter referred to as “registration as the “registration as to lease on a deposit basis”) under the name of the person having chonsegwon (hereinafter referred to as the “registration as the “Registration as the Establishment of Chonsegwon on May 24, 2018, 2014.
B. On April 27, 2012, the Plaintiff and B agreed to terminate the instant lease agreement as of April 30, 2012 (hereinafter “instant termination agreement”). On June 15, 2012, the Plaintiff and B transferred the instant real estate to L who entered into a new lease agreement with the Plaintiff on the instant real estate.
C. B, on May 10, 2012, the sum of the monthly rent and management expenses that was paid to the Plaintiff by May 10, 2012, all of which was KRW 152,374,840, but the Plaintiff agreed on August 10, 2012 to offset B’s claim for refund of lease deposit and the delayed rent, etc. (hereinafter “instant offset agreement”).
On the other hand, the co-defendant C of the first instance trial on July 19, 2012 with respect to the registration of the establishment of chonsegwon in the instant case; the registration of provisional seizure against chonsegwon claims; the registration of provisional seizure against chonsegwon on December 13, 2012 by the co-defendant E of the first instance trial; and the Industrial Bank of Korea of the first instance trial on February 13, 2013 by the Industrial Bank of Korea.