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(영문) 전주지방법원 2018.11.30 2018가단10939
전세권설정등기말소
Text

1. The defendant's indictment of all-round documents filed by the Jeonju District Court on March 11, 1998 with regard to the real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On March 10, 1998, C entered into a contract to establish a right to lease on a deposit basis with D on December 31, 1999 with respect to the instant real estate on December 31, 1999, the term of existence of which was KRW 30,000,000 on a deposit basis on December 31, 199. On March 11, 1998, C completed the registration of establishment of a right to lease on a deposit basis (hereinafter “registration of establishment of a right to lease on a deposit basis”).

B. On April 2, 2018, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

C. C died on August 17, 2017, and there was a child E and the Defendant as legal inheritor. On June 2018, E and the Defendant decided to inherit the Defendant’s right to return the deposit money for the registration of the establishment of the right to lease on a deposit basis.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3-1 to 3, the purport of the whole pleadings

2. Determination of the parties' arguments

A. According to the facts of the determination as to the cause of the claim, since the extinctive prescription has expired after the lapse of ten years from December 31, 1999, which is the expiration date of the term of chonsegwon, the claim for the return of lease on a deposit basis, which is the secured claim for the registration of the establishment of chonsegwon, the Defendant, who is the heir of C, is liable to implement the procedure for the

B. On December 1996, the Defendant’s assertion that the Defendant’s assertion regarding the instant real estate C is residing in the instant real estate by paying KRW 30,000,000 to D before the owner of the instant real estate.

Around March 198, 1998, D notified D as scheduled to be a director on or around November 1998, and requested D to return the deposit. However, D failed to return the deposit for lease on a deposit basis due to D’s failure to return the deposit for lease on a deposit basis, and D agreed to dispose of the instant real estate and return KRW 30,000,000 to D’s deposit for lease on a deposit basis. A public sale procedure for the instant real estate was conducted and acquired by the Plaintiff on April 2, 2018.

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