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(영문) 대구지방법원서부지원 2017.07.12 2017가단2346
근저당권말소등
Text

1. The defendant is a general restaurant for the plaintiff, Daegu-gu, Seo-gu, B reinforced concrete structure slive roof (general restaurant).

Reasons

1. Facts of recognition;

A. Between D on August 20, 2004, C entered into a contract to establish a right to lease on a deposit basis (the lease on a deposit basis, the duration of the lease on a deposit basis, the duration of the lease on a deposit basis from August 20, 2004 to August 19, 2008) with respect to the neighborhood facilities of 230.52 square meters (general restaurants) of the Seo-gu B reinforced concrete structure sloping roof (hereinafter “instant building”) on a deposit basis, and completed the registration of the establishment of a right to lease on a November 9, 2004.

(Seoul District Court Western Branch of the District Court No. 36209, Nov. 9, 2004; hereinafter "registration of creation of chonsegwon of this case") B.

The Plaintiff purchased the instant building from D on September 7, 2007 and completed the registration of ownership transfer on October 25 of the same year, and succeeded to the status of settlor of chonsegwon.

C. The Plaintiff filed a lawsuit against C seeking the cancellation of the registration of the instant chonsegwon, on the ground that the amount of KRW 4 million was extinguished due to the delinquency in rent, etc.

Accordingly, on December 16, 2014, the Seogu District Court sentenced C to comply with the procedure for cancellation of the registration of the establishment of the instant chonsegwon (2013dan29442). The above judgment became final and conclusive on December 31, 201.

On the other hand, on April 23, 2012, the Defendant obtained the Seoul Central District Court Decision 2012Kadan30497 as to the claim for the return of the deposit money. Accordingly, on April 26, 2012, the Defendant registered the provisional seizure of the claim amounting to the instant building, KRW 18,197,192, and the creditor’s right to lease on deposit basis.

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 6 (including each number in case of additional number) and the purport of whole pleading

2. According to the above facts of recognition, C is obligated to perform the procedure for cancellation registration of the instant chonsegwon registration to the Plaintiff in accordance with the final judgment as seen earlier, and the Defendant, who seized C’s right to lease on a deposit basis, as a third party with a interest in the register, expressed his/her consent to the said registration.

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