logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.10.12 2015나66860
전세권설정등기말소등기절차이행 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The plaintiff and the defendants filed an appeal.

Reasons

1. In the first instance trial, the Plaintiff filed a claim for the registration of the Incheon District Court with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”) and the implementation of the procedure for cancellation registration of the right to lease on a deposit basis completed on May 1, 1997 by receipt No. 38519, and the return of unjust enrichment equivalent to the rent between the delivery and delivery of the instant real estate. The first instance court dismissed all the Plaintiff’s claim.

On the other hand, the plaintiff appealed only for the part on which the registration of chonsegwon was cancelled and the declaration of consent was sought. The judgment prior to remand accepted the plaintiff's appeal and ordered B to cancel the registration of chonsegwon and to order the defendants to express their consent to the above cancellation.

Since only the Defendants appealed against the above judgment prior to remand, the part on B in the judgment prior to remand was finalized, and the Supreme Court reversed the judgment prior to remand by accepting the Defendants’ final appeal, the subject of the judgment of this court after remand is limited to the claim part against the Defendants.

2. Facts of recognition;

A. As to the instant real estate, on May 1, 1997, the registration of the establishment of a right to lease on a deposit basis (hereinafter “registration of the right to lease on a deposit basis”) was completed on April 26, 1999 under the name of the person having chonsegwon D, and the registration of the establishment of a right to lease on a deposit basis (hereinafter “registration of the right to lease on a deposit basis”) was completed on April 26, 1999. On June 23, 1997, the establishment of a right to lease on a deposit basis (hereinafter “registration of the right to lease on a deposit basis”).

B. On the other hand, on April 21, 1998, the registration of the establishment of the right to lease on a deposit basis was completed in addition to the additional registration of the right to lease on a deposit basis.

C. On January 2, 2008, the Defendant New Card received a seizure and collection order as to the part of KRW 19,152,567 of the security deposit return claim in B by the Incheon District Court Decision 2007TTTT13949, and completed the supplementary registration of seizure of the security deposit deposit claim in this case on April 22, 2008, and the trade name at the time of the Defendant Han Han Life Insurance.

arrow