전세권말소 등
1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2.Pursuant to a counterclaim brought in the trial.
1. Basic facts
A. On May 20, 2005 between E and Defendant C, a lease agreement (Evidence A) was made between E and the lessor on May 20, 2005 between D, the lessee, Defendant C, and the leased object, with the content that the instant building, the lease deposit amount was KRW 45 million, and the lease period was from June 20, 2005 to June 19, 2007.
(hereinafter referred to as “instant lease agreement”). B.
As to the building of this case, the registration of the Cheongju District Court and its receipt No. 46082, Jun. 21, 2005, the establishment registration of chonsegwon in the name of Defendant C (the whole building with a deposit money of KRW 45 million, the scope of the building, June 19, 2007, June 19, 2007, and June 19, 2007) was completed, and the Plaintiff has resided in the building of this case from June 2005 to June. 2007.
C. Defendant B donated the instant building from the above D on September 22, 2008, and completed the registration of ownership transfer on September 23, 2008, and succeeded to the lessor status of the instant lease agreement.
[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 11-2, Eul evidence 13, the purport of the whole pleadings
2. Determination on the main claim
A. As to the claim for return of deposit for lease and cancellation of registration of the establishment of chonsegwon, the main point of the claim by the parties is as follows: (a) The Plaintiff’s instant lease agreement entered into with E that the Plaintiff lent the name of Defendant C, and the party to the contract and the actual lessee are the Plaintiff.
Defendant B succeeded to the lessor’s status under the instant lease agreement and expressed his intent to refuse to renew the agreement to the Plaintiff, and the instant lease agreement was terminated.
Therefore, Defendant B is obligated to return to the Plaintiff the lease deposit amount of KRW 45 million due to the termination of the lease agreement. Thus, in order for the Plaintiff to receive the lease deposit from Defendant B, the registration of the establishment of chonsegwon in the name of Defendant C must be cancelled. Therefore, the Plaintiff seeks cancellation of the registration of the establishment of chonsegwon by subrogation of Defendant B.
(b).