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(영문) 서울중앙지방법원 2019.08.28 2019가합520184
전세권설정등기말소등기청구
Text

1. On December 29, 2009, the Defendant registered the Seoul Central District Court with respect to the real estate stated in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 19, 2009, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “the instant real estate”) with the terms of KRW 15 million, KRW 1300,000,000 per month of rent, and KRW 24 months of contract period. On December 29, 2009, the Defendant completed the registration for establishment of chonsegwon (hereinafter “registration for establishment of chonsegwon”) on the instant real estate as stated in the Disposition No. 1 of this case (hereinafter “registration for establishment of chonsegwon”).

B. On November 27, 2015, the Plaintiff and the Defendant entered into a new lease agreement (hereinafter “instant lease agreement”) with regard to the instant real estate as stipulated under the lease deposit of KRW 15 million, KRW 1.5 million per month, and the lease term from December 21, 2015 to December 20, 2017 (24 months) (hereinafter “instant lease agreement”).

C. By September 2016, the Defendant paid the Plaintiff rent, management expenses, etc. under the instant lease agreement, but failed to pay the rent, management expenses, etc. from October 2016, and retired from the instant real estate on November 11, 2016.

From October 22, 2016 to May 2017, the Plaintiff notified the Defendant that he/she would return the remainder of the lease deposit 1,795,880 won after deducting the rent, management fee, etc., which was overdue from October 22, 2016 to May 2017 = 15,000 won for special repair reserve of KRW 818,720,000 - 13,640,000 for overdue rent of KRW 13,640 (including additional rent of KRW 1,705,00 for the rent of KRW 8 months x 8 months) - the Defendant would return management fee of KRW 382,840 for 382,840 x 60 x 06 x 2010 x 360 x 106 06 x 205 x 2010 x 2016.

E. Since July 2017, the Plaintiff is between the Defendant and the Defendant.

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