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(영문) 울산지방법원 2015.08.19 2015가단50889
전세권말소
Text

1. The defendant is the Ulsan District Court No. 39479, May 27, 2003 regarding the real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. A. Around May 27, 2003, the Defendant concluded a lease agreement to lease the real estate listed in the separate sheet owned by the Plaintiff and the Plaintiff (hereinafter the instant real estate) with the lease deposit of KRW 70 million and the period from June 9, 2003 to June 9, 2005.

Around May 27, 2003, the Defendant paid KRW 70 million to the Plaintiff the said lease deposit, and possessed and used the instant real estate from June 9, 2003.

On May 27, 2003, the defendant completed the registration of the establishment of chonsegwon (hereinafter referred to as the "registration of the establishment of chonsegwon") with the deposit money of KRW 70 million on the real estate in this case as security for the right to refund the deposit money.

B. The above lease terminated on June 9, 2005, and around that time, the Defendant delivered the instant real estate to the Plaintiff, and the Plaintiff returned the deposit amount of KRW 70 million to the Defendant.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, 3 evidence, the purport of the whole pleadings

2. The registration of the establishment of the right to lease on a deposit basis was completed as collateral for the right to return the lease deposit. Since the right to return the lease deposit became extinct by repayment, the defendant is liable to implement the procedure for registration of cancellation of the right to lease on a deposit basis

The plaintiff's claim is justified, and the costs of lawsuit are assessed against the defendant who lost pursuant to Article 98 of the Civil Procedure Act.

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