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(영문) 서울서부지방법원 2015.03.27 2014가단219982
전세권설정등기말소청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of premise;

A. E.S. Co., Ltd. receives a successful bid of the buildings listed in the attached Tables 1 and 2 in the voluntary auction procedure for K real estate auction in Seoul Western District Court (at the time, the site ownership was not registered, and the land was owned by the Plaintiff) and completed the registration of ownership transfer on February 28, 2012.

B. On March 14, 2012, the above company completed the registration of the establishment of the right to lease on a deposit basis with Defendant B as to the buildings listed in the separate sheet Nos. 110,000,000 and the separate sheet Nos. 2 as to the building indicated in the separate sheet Nos. 1, 2012 to Defendant C.

C. The Plaintiff purchased each of the above buildings from the above company and completed the registration of ownership transfer on July 10, 2012.

At the time of the sale and purchase, the Plaintiff and the above company first completed the registration of ownership transfer to the Plaintiff, and the sales and purchase price were determined to be settled after obtaining approval for the use of the building and obtaining the approval for the use of the building.

The purchase price shall be replaced by a loan certificate, and a mortgage shall be established on land.

Rights (unauthorized approval, site ownership x lease on a deposit basis) on the register shall be acquired by the purchaser, and shall be cancelled when the price is repaid.

It shall be settled as well as expenses, public charges, land rents, etc. for approval for use at the time of repayment.

On April 17, 2014, after the judgment of winning part of the Plaintiff in the above case was rendered and the judgment of winning the Plaintiff became final and conclusive, the above company filed a lawsuit against the Plaintiff seeking the payment of the purchase price (rent 2013Gahap829) substituted by the above loan certificate, and the Plaintiff and the above company agreed on April 17, 2014 to pay the said company KRW 158,953,082, and the said company rescinded the limited real right on land and building.

E. On the other hand, on May 12, 2014, Defendant D, E, F, andG completed each registration of establishment of a right to lease on a deposit basis of Defendant B with respect to the right to lease on a deposit basis of a deposit basis of Defendant C.

[Reasons for Recognition] Uncontentious Facts, Gap 1-2, 3, Gap 2-2, 3, Gap 4, 5, and the purport of the whole pleadings

2. The assertion; and

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