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(영문) 부산지방법원 2015.04.10 2014가단93060
전세권설정등기말소
Text

1. On September 30, 201, the Defendant: (a) on real estate stated in the attached list to the Plaintiff, Busan District Court Busan District Court registry office.

Reasons

On September 30, 2011, the Plaintiff completed the registration of the establishment of chonsegwon with the Busan District Court’s Busan District Court’s registry as of September 30, 201 (220 million won for lease on a deposit basis) and the term of 22 million won for lease on a deposit basis as of October 8, 2013 as of September 30, 201, to the Defendant. Therefore, barring any special circumstance, the Defendant is liable to implement the registration procedure for cancellation of lease on a deposit basis of the expiration of the term of lease on a deposit basis.

Accordingly, the defendant not only issued a registration certificate on the right to lease on a deposit basis (which seems to be a clerical error in the registration certificate) to the plaintiff, but also argued that the plaintiff provided a legitimate performance with a declaration of intent to cancel the registration of the right to lease on a deposit basis by telephone several times. Thus, if the defendant collected the purport of the entire pleading in the statement in No. 2, it can be recognized that the defendant provided the plaintiff with the registration information on the right to lease on a deposit basis, but it is not sufficient to recognize that the defendant provided the plaintiff with a legitimate performance for the registration of the right to lease on a deposit basis, and there is no other evidence to acknowledge otherwise.

The above argument by the defendant is difficult to accept.

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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