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(영문) 의정부지방법원 2019.09.27 2019나201915
전세권설정등기말소
Text

1. The judgment of the first instance is modified as follows on the basis of the claim reduced by this court.

The defendant.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), each registration of ownership transfer in the name of the Plaintiff was completed on November 4, 2003, May 22, 2009, and October 23, 2017.

B. On March 7, 2012, E leased each of the instant real estate to F Co., Ltd. (the name of F Co., Ltd. was changed to the Defendant on January 4, 2016; hereinafter “Defendant”) for a fixed period of KRW 11 million, monthly rent of KRW 830,000,000, and from March 1, 2012, for five years from March 1, 2012 (hereinafter “instant lease”) (hereinafter “instant lease”). On November 7, 2012, E completed the registration for each of the instant real estate establishment of chonsegwon (hereinafter “registration for each of the instant lease”).

C. On October 31, 2012, the Defendant: (a) lent to G Co., Ltd. (hereinafter “Non-Party Company”) a number of 1 billion stores, including each of the instant real estate, to KRW 1 billion for sublease deposit; (b) monthly rent of KRW 16 million (excluding value-added tax); and (c) accordingly, on January 14, 2013, the Defendant completed the registration of establishment of each of the instant chonsegwon with the Non-Party Company on January 14, 2013.

On October 31, 2017, the Defendant paid KRW 11 million to the non-party company each of the instant real estate.

Accordingly, on November 2, 2017, the non-party company completed the registration of establishment of each of the instant chonsegwon to the defendant.

E. Meanwhile, the Defendant handed over each of the instant real estate to E on March 30, 2017.

F. On May 30, 2018, E transferred to the Plaintiff the entire claim for rent under the instant lease agreement against the Defendant, and on the same day, E notified the Defendant of the transfer on the same day, and the notification reached the Defendant at that time.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 6, 9, and Eul No. 1 and 1.

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