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(영문) 대구지방법원 2019.05.15 2017가단129879

전세권말소

Text

1. Defendant D is the Daegu District Court’s registration office No. 67320, Oct. 6, 1981, as to the real estate listed in the attached list No. 2.

Reasons

1. Determination as to Defendant C and E

A. Facts of recognition 1) F Co., Ltd. (hereinafter “F”).

(2) On July 28, 1981, F completed the registration of establishment of chonsegwon on July 24, 1981 (hereinafter "registration of establishment of chonsegwon"), which was set out on July 20, 1982 as of July 20, 1982, F completed the registration of establishment of chonsegwon on July 20, 1982 (hereinafter "registration of establishment of chonsegwon 1") with respect to the real estate listed in the attached Table 1 list to Defendant C on July 28, 1981.

3) On October 6, 1981, F means the registration for establishment of chonsegwon (hereinafter “registration for establishment of chonsegwon 2”) as of the real estate listed in the attached Table 9 list to Defendant E on October 6, 1981, with a deposit money of KRW 1.5 million, the entire building for a store within the scope, the term from July 20, 1981 to July 19, 1982, and the return date as of July 29, 1982 (hereinafter “registration for establishment of chonsegwon 2”).

(4) The Plaintiffs completed the registration of transfer of ownership based on sale as to each 1/2 shares of the real estate listed in the separate sheet 1 and 9 on September 6, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 9, the purport of the whole pleadings

B. The plaintiffs are the owners of the real estate listed in the separate sheet 1, 9, and Defendant C and E are the persons having chonsegwon who completed the registration of establishment of chonsegwon on the real estate listed in the separate sheet 1, 9.

However, due to the expiration of the period of chonsegwon, Defendant C and E delivered the real estate listed in the [Attachment 1 and 9], and Defendant C and E are obliged to cancel the registration of the establishment of chonsegwon as they were fully returned by F, who was the owner at the time.

C. 1) According to the above facts, since each of the above chonsegwon has expired, each of the above chonsegwon has become extinct. Accordingly, Defendant C and E are obliged to implement the registration procedure for cancellation of chonsegwon unless there are special circumstances. 2) As to this, Defendant C is effective with the registration of establishment of chonsegwon 1 and the real estate listed in the separate sheet 1.