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(영문) 서울고등법원 2018.01.31 2017나2006281
임차권존재 확인 및 아파트 인도청구
Text

1. The defendants' appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs by an appeal and incidental appeal.

Reasons

1. Basic facts

A. D and E, the husband and wife of the apartment owned by D and E, acquired the ownership of 1/2 shares of Seocho-gu Seoul Metropolitan Government G Apartment 1, 107 (hereinafter “instant apartment”) on June 23, 1994, and shared the old apartment.

B. 1) The Plaintiff, a female member of D, as the first lease contract and move-in report, is the following lease contract (hereinafter “the first lease contract of this case”) written between D and E on June 5, 200 between D and E.

was drawn up.

The indication of real estate in the lease contract of this case: The lease period of payment on June 12, 2000 shall be from June 12, 2000 to 24 months from June 12, 2000 for the remainder payment of KRW 200 million in an intermediate payment of KRW 80 million in the contract.

B. 2) The Plaintiff’s father, father, and mother I made a move-in report on September 14, 200, and the Plaintiff made a move-in report on each of the instant apartment units on March 6, 2003. (c) The instant apartment units registered in the old apartment unit was established as indicated below (hereinafter “each of the instant apartment units”) with respect to the old apartment units registered in the old apartment unit (hereinafter “each of the instant apartment units”), and the individual right to collateral is specified as the name of the mortgagee.

(1) On July 5, 2005, 200, 362,000 won on July 5, 2005, 200, 362,000 won on July 5, 2005, 364,000 won, 654,000,000 won on October 13, 2006, the Korea Technology Credit Guarantee Fund (hereinafter referred to as the “Korea Technology Credit Guarantee Fund”)

D. On May 15, 2003, the following contents were additionally stated in the first lease agreement of this case, which was stated in the first lease agreement of this case on May 15, 2003.

Special Agreement:

1. Increase in total of KRW 300 million on May 15, 2003, by increasing KRW 100 million as a deposit for the lease on a deposit basis (two-year re-contracts);

2. In the case of reconstruction, the deposit money for the lease on deposit shall be carried forward.

E. G apartment 1 and secondary reconstruction association in progress of the reconstruction project for the old apartment of this case (hereinafter “the reconstruction association of this case”) are the reconstruction association of this case on July 29, 2003.

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