전세권설정등기말소
1. The defendant shall receive KRW 2,640,00 from the plaintiff, and at the same time real estate stated in the attached Table to the plaintiff.
1. Basic facts
A. On June 7, 2008, the Plaintiff leased the real estate of 67.33 square meters on one floor (hereinafter “instant real estate”) among the real estate listed in the separate sheet to the Defendant on August 13, 2008, but entered into a contract to establish a right to lease on a deposit basis with the Defendant as to the instant real estate (hereinafter “instant right to lease on a deposit basis”). Accordingly, on August 13, 2008, the Defendant completed the registration of the establishment of a right to lease on a deposit basis as stated in paragraph (1) of this case (hereinafter “registration of the right to lease on a deposit basis”).
B. On August 15, 2014, the Plaintiff and the Defendant agreed to renew the lease contract and the contract to establish a right to lease on the instant real estate, as KRW 35 million per month, and KRW 1.5 million per month, that the lease deposit is KRW 35 million.
C. The Defendant delayed the rent of KRW 3.27 million in total in 2014, from December 2, 2015 to July 2016, respectively, and the rent of KRW 1.650,000 per month from August 2016, and the rent of KRW 7.550,000 in total. Accordingly, the Plaintiff and the Defendant agreed to the said lease contract and the contract to establish a right to lease on a deposit basis.
On July 29, 2016, the Plaintiff paid the Defendant the remainder of KRW 1,434,00,000 after deducting the total of KRW 20,660,000,00, such as overdue rent, calculated by the Plaintiff from the above lease deposit, and the Defendant delivered the instant real estate to the Plaintiff on
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 8, 9, Eul evidence 1, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts of recognition, since the contract to establish a right to lease on a deposit basis was terminated, barring any special circumstance, the defendant is obligated to implement the procedure to register cancellation of the registration of the right to lease on a deposit basis to the plaintiff.
B. As to this, the Defendant simultaneously claims for the payment of the remainder after deducting the overdue rent from the lease deposit, and thus, the lease deposit will be made when the lessor and the lessee enter into a lease contract.