전세권설정등기말소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. On December 29, 2000, the Reforest Consultation Co., Ltd. (hereinafter “Non-Party Company”) set up a lease on a deposit basis with respect to each real estate (hereinafter “the instant real estate”)’s exclusive ownership and joint use area of KRW 8,109,321,00, and a lease on a deposit basis until June 14, 201. The non-party Company and the Defendant agreed to use the instant real estate as C.
On July 18, 2001, the non-party company completed the registration of the establishment of chonsegwon as the Seoul Eastern District Court No. 5424 on July 18, 2001 with respect to the portion of exclusive ownership among the real estate in this case.
On September 26, 2001, the non-party company and the defendant changed the area of the object of chonsegwon to 6,603.12 square meters, and the deposit money to 8,006,283,000 won.
(C) The right to a site (ownership) was registered on November 19, 2001 as to the real estate in this case. The right to a site was registered on November 19, 2001.
(2) On June 16, 2003, A transferred the ownership of the instant real estate from the non-party company, and completed on June 25, 2003 the registration of the right to claim ownership transfer of the instant real estate to B.
(3) On September 5, 2013, the Defendant filed a lawsuit against A to seek the return of the instant security deposit, and received a judgment on September 5, 2013 (Seoul High Court Decision 2012Na97378) that “A shall pay to the Defendant the amount of KRW 8,006,283,00 and damages for delay (Seoul High Court Decision 201Na97378), and the said judgment became final and conclusive on February 27, 2014.
(hereinafter “Final Judgment”. The date of closing argument in a final and conclusive judgment is July 25, 2013.
(4) On June 25, 2014, after the final and conclusive judgment was rendered, the Plaintiff acquired the right to claim ownership transfer of the instant real estate from B, and completed the principal registration of ownership transfer based on the provisional registration on August 8, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 14, and Eul.