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(영문) 인천지방법원 2019.05.02 2018가단243637
전세권말소등기
Text

1. The defendant shall accept the registration of the Changwon District Court and May 8, 2008 with respect to the real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On October 29, 2009, Nonparty C Co., Ltd. (hereinafter “C”) leased (hereinafter “instant real estate”) real estate listed in the separate sheet (hereinafter “D”) to Nonparty D Co., Ltd. (hereinafter “D”) at KRW 100 million, the lease period from January 1, 2010 to December 31, 2018, and monthly rent at KRW 6% of the net sales (hereinafter “instant lease”). On April 7, 2010, in order to secure the right to refund the lease deposit under the instant lease agreement, on May 8, 2008, the registration for the establishment of chonsegwon (right to lease: 10 million won, the term of lease on a deposit basis: from April 25, 2008 to April 2018, the lease agreement was registered with the Changwon District Court and the registration for the establishment of chonsegwon (right to lease on a deposit basis: 200 million to April 25, 2018).

B. On April 27, 2012, C agreed to terminate the instant lease agreement with D as of April 30, 2012 (hereinafter “the instant agreement”). D, on June 15, 2012, issued an order to F, who entered into a new lease agreement with C on the instant real estate, to the instant real estate.

C. D until May 10, 2012, the sum of monthly rent and management expenses accrued from the instant lease agreement to C was KRW 152,374,840,00. However, C agreed on August 10, 2012 to offset D and security deposit return claims against D against overdue rent, etc.

On the other hand, with respect to the registration of the establishment of chonsegwon in the instant case, the registration of provisional seizure against the right to lease on a deposit basis on July 19, 2012 by G, the registration of provisional seizure against the right to lease on a deposit basis on December 13, 2012 by Nonparty H, the Industrial Bank of Korea registered provisional seizure against the right to lease on a deposit basis on February 13, 2013, respectively. Nonparty I Co., Ltd (hereinafter “I”) completed the registration of provisional seizure against the right to lease on a deposit basis on February 19, 2013. In the process of executing the instant right to lease on a deposit basis, the Defendant was awarded the instant right to lease on a deposit basis on January 22, 2014, and the registration of the Changwon District Court on October 6, 2014 and the receipt765777.

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