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(영문) 서울남부지방법원 2016.09.23 2016가단204107
전세권말소등기 청구의 소
Text

1. As to real estate listed in the separate sheet

A. Defendant Republic of Korea is Seoul Southern District Court for the Plaintiff.

Reasons

1. Facts of recognition;

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) is a building for which D completed the registration of ownership preservation on May 19, 1989, and the Plaintiff acquired by public sale on November 19, 2015 and completed the registration of ownership transfer on December 21, 2015.

B. On August 14, 1995, E registered the establishment of chonsegwon (hereinafter “registration of chonsegwon”) with the reason of the contract as of April 10, 1995 on the instant real estate as of August 14, 1995, by the following day until April 28, 1997 (hereinafter “registration of chonsegwon”).

F receives the decision of provisional attachment as Seoul Southern District Court 2001Kadan16731 on September 13, 2001 regarding the instant chonsegwon, and completed the registration of provisional attachment on the 14th day of the same month.

C. G completed the registration of the establishment of a right of lease on August 14, 1995 with the term “70 million won for lease on a deposit basis, the entire residential building with the maximum residential area of KRW 1,00,000,000 for lease on a deposit basis, the entire residential building with the entire residential area of KRW 37.74 square meters for the same 37.74 square meters, and the duration of the right of lease on a deposit basis until April 25, 1996.”

G recognized that the registration of the establishment of the right to lease on a deposit basis was false registration completed in accordance with D's proposal to avoid compulsory execution.

H On November 8, 2012, Seoul Southern District Court Decision 2012Ka2008, KRW 18 million on the lease deposit, May 31, 1995 on the lease lease date, May 14, 1995 on the resident registration date, June 6, 1995, the possessor first date: June 6, 1995, and June 14, 1995 on the lease registration order, which was completed on January 7, 2013.

E. E died on April 7, 2008.

E’s spouse I died on February 5, 199, and issued as of March 2, 2016, only the names (J, K) of the parents deemed to have already died, and there are no other family members described therein.

F.F died on February 7, 2003, and Defendant C, her husband, is his heir.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 4, respectively.

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