전세권설정등기말소 등
1. As to real estate listed in the separate sheet:
A. Defendant B received on August 14, 2013 from the Ulsan District Court Yangsan Branch Office.
1. Facts of recognition;
A. On July 25, 2013, the Plaintiff entered into a lease agreement with Defendant B for the lease deposit of KRW 30 million, monthly rent of KRW 1.3 million, and the lease period from August 15, 2013 to August 25, 2015 (hereinafter “instant lease agreement”).
B. At the request of Defendant B, the Plaintiff completed the registration of establishment of chonsegwon (hereinafter “registration of chonsegwon”) with respect to the said real estate by the Ulsan District Court Yangsan District Court’s receipt of 42859, which was based on the registration of establishment of chonsegwon (hereinafter “registration of chonsegwon”) with the period from August 15, 2013 to August 25, 2015, from August 15, 2015.
C. Since then, the instant lease agreement was implicitly renewed, and Defendant B did not pay the monthly rent from July 2016, and the Plaintiff notified Defendant B of the termination of the lease agreement on the ground that the monthly rent was overdue as of December 28, 2017.
On or around March 2018, the Plaintiff filed a lawsuit against Defendant B as the Ulsan District Court 2018Da7763, Ulsan District Court 2018da763, and received the judgment in favor of the Plaintiff on July 17, 2018, and received the said building through compulsory execution based on the above judgment on August 1, 2018.
At the time, KRW 30 million was set off against overdue monthly rent, and the Plaintiff did not remain the rental deposit that the Plaintiff should return to Defendant B.
E. As of April 8, 2015, Defendant C Foundation received the Ulsan District Court 2015Kadan1044 provisional attachment order with the instant right to lease on a deposit basis as the claim subject to seizure. According to the above provisional attachment order, the registration of provisional attachment was completed on April 8, 2015 by the Ulsan District Court Yangsan District Court 23722, which was received on April 8, 2015.
[Ground of recognition] Defendant C Foundation: Defendant B: Service by public notice (Article 208(3)3 of the Civil Procedure Act)
2. According to the above facts of recognition, the registration of chonsegwon of this case is merely a measure to strengthen the lessee's status who entered into the lease contract of this case. Thus, the Plaintiff did not have the security deposit to be returned to Defendant B.