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(영문) 부산지방법원 2019.05.30 2018가단341200
전세권이전등기청구
Text

1. The defendant shall receive KRW 72,00,000 from the plaintiffs, and at the same time real estate stated in the separate sheet to the plaintiffs.

Reasons

1. Facts of recognition;

A. On September 25, 2000, Nonparty D registered for the establishment of a right to lease on a deposit basis under the name of the Defendant (hereinafter “instant real estate”)

(2) On September 25, 200, the Changwon District Court Kimhae-hae registry office of 200 million won for the lease on a deposit basis, the term of existence from September 9, 200 to September 8, 2002, and the lease on a deposit basis (hereinafter “the lease on a deposit basis”) registered with the person having a right to lease on a deposit basis (hereinafter “the lease on a deposit basis”).

(2) On September 4, 2009, the Defendant transferred the instant chonsegwon from Nonparty D on the same day, and filed a registration of chonsegwon transfer with the Changwon District Court Kimhae Branch on September 4, 2009 as the receipt of on September 4, 2009.

B. On May 31, 2018, the Plaintiffs agreed to transfer the right to lease on a deposit basis between the Plaintiffs and the Defendant. On May 31, 2018, the Plaintiffs agreed to transfer the right to lease on a deposit basis to the Plaintiffs, and the details thereof were to follow the separate agreement between the parties. 2) Accordingly, the Plaintiffs and the Defendant drafted an agreement with the following contents on the same day.

(hereinafter “this case’s agreement”). 1. The Defendant transferred the right to lease on a deposit basis (the right to lease on a deposit basis) on the instant real estate to the Plaintiffs.

2. The Plaintiffs are paid KRW 1.1 billion to the Defendant for the transfer or acquisition (sale) of the right to lease on a deposit basis, and are transferred by transfer (sale) of the right to lease on a deposit basis.

The payment shall be made within 30 days from the date of preparation of the contract.

The contract amount of eight million won shall be paid.

3.(a)

The plaintiffs are responsible for the provisional disposition of Busan District Court 2018Kahap10186 on the instant real estate until June 30, 2018 (e.g., cancellation).

B. The assignee shall take over the obligation to return the lease deposit to the lessee.

After ascertaining the lease deposit for lessees, the remainder shall be paid only after deducting the lease deposit from the acquisition price.

3. The plaintiffs take over the obligation to refund the deposit to the lessee for the amount of KRW 21 million out of the above purchase price.

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