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1. Request for registration of cancellation of the establishment registration of a neighboring mortgage on real estate listed in paragraph 3 of the attached list among the instant lawsuits.
Reasons
1. Facts of recognition;
A. On November 12, 2008, the Plaintiff leased (hereinafter “instant lease agreement”) KRW 50 million to the Defendant, the deposit amount of KRW 107,000,000 per month, KRW 2 million per month, and the period from December 6, 2008 to December 5, 2010, the Plaintiff received KRW 50,000,000 from the Defendant around that time.
Meanwhile, Article 4 of the instant lease agreement provides that “If a lessee or lessee fails to refuse to renew a contract or to express his/her intent to modify the terms of contract in writing not later than two months before the expiration date, it shall be extended under the same conditions as the former contract.”
B. On November 25, 2008, the Plaintiff and the Defendant entered into a mortgage agreement with the maximum debt amount of KRW 80,000,000 with each of the real estates, etc. listed in the separate sheet owned by the Plaintiff as joint collateral as a security regarding the Defendant’s right to return the lease deposit, etc., and completed the registration of creation of a mortgage (hereinafter “each of the instant mortgage”).
C. On September 7, 2010, the Plaintiff sent a content-certified mail stating the Defendant’s refusal to renew the instant lease agreement, and the said mail reached the Defendant around that time.
Nevertheless, the Defendant occupied and used the instant building after the expiration of the instant lease agreement.
Accordingly, on January 5, 201 and January 17, 2011, the Plaintiff sent a content-certified mail to the Defendant seeking the delivery of the instant commercial building, and each of the said mail sent to the Defendant around that time.
After that, on November 28, 2012, the Defendant sent to the Plaintiff a content-certified mail stating that the instant lease agreement will not be renewed upon the expiration of the period, and the said mail reached the Plaintiff around that time.
E. The defendant