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(영문) 서울남부지방법원 2015.10.28 2015가단7040

전세권말소

Text

1. As to the Plaintiff’s share of 2/13 in the real estate listed in the separate sheet, Defendant B, C, D, E, and F, and Defendant G’s share of 3/13.

Reasons

1. Facts of recognition;

A. On June 1, 1996, the Plaintiff entered into a lease agreement with H on a deposit basis (hereinafter “the lease agreement of this case”) between June 31, 1996 and the lease agreement between June 31, 1996 and August 31, 2001 with respect to the real estate listed in the separate sheet (hereinafter “the instant building”). The Plaintiff completed the registration of the establishment of chonsegwon on September 1, 200 on the instant real estate.

B. The Plaintiff paid the deposit on September 1, 2001 to H. D.

H The deceased on September 27, 2001 and succeeded to the inheritance of Defendant G and its children, Defendant B, C, D, and F, who are his wife, but among them, I died on June 16, 2004 and succeeded to E as her mother.

[Reasons for Recognition] Defendant B, C, D, E, and F: Confession (Article 203(3)1 of the Civil Procedure Act) Defendant G: Evidence No. 1 and the purport of the entire pleadings

2. According to the determination as to the cause of the claim, the instant lease contract terminated upon the expiration of the contract term, and H was paid KRW 20,000,000 for deposit money under the instant lease contract. As such, H is obligated to perform the registration procedure for cancellation of lease on a deposit basis with respect to the instant building, and Defendant B, C, D, E, and F, the heir of H, are obligated to perform the registration procedure for cancellation of lease on a deposit basis with respect to shares of 2/13, respectively.

3. The plaintiff's claim for conclusion is justified and acceptable.