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(영문) 수원지방법원 성남지원 2018.12.26 2018가단226144
임차권등기말소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The summary of the plaintiff's assertion is attached to the plaintiff.

1. Attached Form among buildings to be indicated in indication;

2. The portion(A) indicated in the drawing(C) was leased at KRW 120 million as the lease deposit. On June 19, 2018, the Plaintiff is required to pay approximately KRW 10 million in addition to the lease deposit, after completing the registration of the lease of a house on June 27, 2018 upon the registration of the lease of a house on the said portion.

Therefore, the defendant is obligated to pay the above lease deposit of KRW 120 million from the plaintiff and to cancel the registration of the above lease of housing at the same time.

2. The defendant asserts that the lawsuit of this case seeking cancellation of the registration of housing lease is unlawful.

Where a lease registration has been made on the leasehold registration order of the court, in order for the lessor to cancel the registration, it shall be done by filing an objection or an application for cancellation on the decision of the leasehold registration order and filing an application for cancellation of the said decision with the court and filing an original copy of the judgment to the executive agency for cancellation

(see, e.g., Article 3-3(3) of the Housing Lease Protection Act; Articles 280, 283, 286, 288, and 290 of the Civil Execution Act). Therefore, a lessor may seek cancellation of the lease registration only by filing an objection or an application for cancellation against the determination of the order of lease registration prepared as above. Therefore, a lessor’s lawsuit seeking cancellation of the lease registration against the lessee is unlawful as there is no benefit in

According to the health stand, Gap evidence Nos. 1 and 2 as to the instant case, the defendant was found to have been subject to the decision of the order of lease registration as of June 19, 2018 by the court as of June 27, 2018 and completed the registration of the house lease on June 27, 2018. In such a case, the plaintiff can only file an objection against the decision of the order of lease registration and cancel the said registration upon receiving the decision.

In the end, the defendant is directly related to the defendant.

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