(영문) 대전지방법원 2015.04.30 2014가단23970

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(영문) 대전지방법원 2015.04.30 2014가단23970

시설비

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1. The plaintiff shall dismiss the lawsuit concerning the request for cancellation registration of the house lease registration; and

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. On October 16, 201, the Defendant concluded a lease contract (hereinafter “instant lease contract”) with the Plaintiff as to the instant building owned by the Plaintiff, setting the lease deposit amount of KRW 30,000,000, and the term of lease from October 26, 2011 to October 25, 2013, and around that time, paid KRW 30,000,000 to the Plaintiff.

B. On September 23, 2013, the Defendant sent to the Plaintiff a content-certified mail stating that the termination of the instant lease agreement is requested as the lease agreement term expires, and on December 30, 2013, the Defendant delivered the instant building part to the Defendant.

C. On November 25, 2013, the Defendant completed the lease registration (hereinafter “the lease registration of this case”) with respect to the instant building from the Geumsan-gun Court of Daejeon District Court on November 18, 2013, subject to the lease registration order (2013Kag16) dated November 18, 2013.

[Ground of recognition] Unsatisfy, Gap evidence 2, 10, 11, Gap evidence 4-1, the purport of whole pleadings

2. The plaintiff is seeking to cancel the registration of the right to lease of this case with respect to the part of the building of this case, and the plaintiff's judgment on the legitimacy of the lawsuit concerning the cancellation registration of the right to lease of this case is examined ex officio.

The registration of the right to lease of a house is completed after the application for the right to lease of a lessee who fails to receive the deposit after the termination of the lease is deemed reasonable by the court, and after the application is deemed reasonable by the court, the registration is entrusted to the competent registry office. In order for the court to cancel the registration where the registration is completed on the basis of the right to lease of a house, the court shall file an application for objection or cancellation on the decision of the right to lease of a house and obtain a judgment to cancel the said decision from the court, and

Article 3-3 (3) of the Housing Lease Protection Act.

참조조문

-주택임대차보호법 제3조의3 제3항

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