전세권설정등기 등 말소
1. The plaintiff's lawsuit demanding the cancellation of registration of the establishment of each right to lease on a deposit basis against the defendant Industrial Bank of Korea.
1. Facts of recognition;
A. 1) The Plaintiff entered into a lease agreement with Defendant B on November 20, 2006 each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”).
(2) On January 1, 2011, the Plaintiff entered into a lease agreement with the above Defendant, setting the lease deposit amount of KRW 40 million, KRW 25.3 million per month of rent, and the term of lease from January 1, 2007 to January 1, 2009. (2) On January 1, 201, the Plaintiff entered into a lease agreement again (hereinafter collectively referred to as “instant lease agreement”) with the term of January 1, 201, by setting the lease deposit amount of KRW 200 million, monthly rent, KRW 29.7 million per month, and the term of lease from January 1, 201 to December 31, 201.
After that, the instant lease contract was terminated.
3) From April 30, 2007, Defendant B did not pay rent to the Plaintiff until the delivery of each of the instant real estate on April 30, 2014, the sum of rent in arrears exceeds KRW 637,090,103, which exceeds KRW 400 million. (B) On February 16, 2007, the Plaintiff completed the registration of establishment of each of the right to lease on a deposit basis as stated in paragraph (2) of this case (hereinafter “registration of establishment of each of the right to lease on a deposit basis”) on each of the instant real estate to secure the Defendant’s right to return deposit under the instant lease agreement.
2) On February 16, 2007, in order to secure Defendant Bank’s loan claims against Defendant Bank, Defendant B registered the establishment of a mortgage near each of the chonsegwon as stated in the claim regarding each of the above chonsegwon (hereinafter “registration of the establishment of a mortgage near each of the instant chonsegwon”).
(1) Article 150(1) of the Civil Procedure Act (i) (ii) between the Plaintiff and the Defendant bank; (iii) the absence of dispute; (iv) the entry of evidence A1 through 3, 5, and 6; and (v) the result of Defendant B’s personal examination, the purport of the entire pleadings.
2. The judgment of this Court
A. The registration of the establishment of a neighboring mortgage of the instant case.