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(영문) 서울북부지방법원 2016.11.24 2016가합20590
전세권말소 청구의 소
Text

1. The Plaintiff (Counterclaim Defendant) is entitled to KRW 1 billion against the Defendant (Counterclaim Plaintiff) and against this, from December 1, 2012 to April 4, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The relationship 1) The Plaintiff is the owner of the instant real estate, and C is the former husband of the Plaintiff who was divorced around May 2014 after having married with the Plaintiff. 2) The Defendant is a person who was transferred the right of lease on a deposit basis on a deposit basis on a deposit basis with D.

B. C and D’s contract to establish a right to lease on a deposit basis and D’s transfer of right to lease on a deposit basis (hereinafter “the right to lease on a deposit basis”) D are deemed to be a lease agreement between C and C representing the Plaintiff on October 25, 2010, which provides for KRW 1 billion of the deposit for the lease on deposit basis and the period from November 8, 2010 to November 30, 2012 (hereinafter “the right to lease on a deposit basis”).

(2) On November 8, 2010, D paid the remainder KRW 800 million on the date of the contract, and D concluded a lease on a deposit basis (hereinafter “instant lease on a deposit basis”) with a person having chonsegwon as to the instant real property on November 30, 2012 (hereinafter “instant lease on a deposit basis”) and on the same day, D paid a lease on a deposit basis (hereinafter “right to lease on a deposit basis”).

3) On May 7, 2014, the Plaintiff received the instant chonsegwon from D, and on May 22, 2014, the registration of the instant chonsegwon was completed by the Seoul Northern District Court’s Dongdaebu District Court’s receipt of the register office. D sent the notice of the said chonsegwon transfer to the Plaintiff two times on May 26, 2014 and May 19, 2015. Meanwhile, D delivered the instant real estate to the Plaintiff on November 30, 2012, which is the expiration date of the instant chonsegwon.

C. C’s creation of a right to collateral security and auction 1 E of the instant real estate leased KRW 20 million to C on March 4, 2011, and KRW 300 million on March 15, 2011, respectively. As to the instant real estate as collateral for each of the foregoing loans, the Seoul Northern District Court’s Dongdaemun-gu Office of Registry of the Seoul Northern District on March 4, 2011 received KRW 10588, the debtor C, the maximum debt amount of KRW 260 million, the registration of establishment of a right to collateral security, the right to collateral security, and the registration of establishment of a right to collateral security, and the receipt of March 14, 201 by the same registry office.

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