logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원영덕지원 2014.08.21 2014가합163
전세권설정등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 25, 2001, the Plaintiff and C drafted a lease agreement (No. 1, hereinafter “first lease agreement”) with the following content as follows.

- The object of lease: The Plaintiff, lessee, and the lessor: C - the lease deposit amount of KRW 260 million: the lease deposit amount of KRW 260 million: from December 31, 2001 to December 31, 2006 - The lessor must establish the right to lease on a deposit basis at the same time as the remainder payment is made to the lessee.

B. As to the building of this case, the Ulsan District Court’s Ulsan District Court’s registration office was received on December 3, 2001, No. 11527, and the registration of chonsegwon (hereinafter “registration of creation of chonsegwon”) was completed from November 30, 2001 to November 29, 2006 (hereinafter “registration of creation of chonsegwon”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Grounds for the claim;

A. The Plaintiff prepared the first lease contract with C and leased the instant building to C. However, the Defendant voluntarily prepared a modified lease contract (No. 2, hereinafter “the second lease contract of this case”) with the Plaintiff as the representative of D promoters in the first lease contract, and completed the registration of the establishment of the instant chonsegwon in the Defendant’s future. Therefore, the registration of the establishment of the instant chonsegwon is null and void.

Therefore, the registration of the establishment of the lease on a deposit basis of this case must be cancelled.

(Chapter 1). (b)

According to the final and conclusive judgment (Supreme Court Decision 2013Da89907, Feb. 13, 2014) (Supreme Court Decision 2013Da89914, Feb. 13, 2014) the lessee of the instant building is C, and the Defendant does not have the right to claim the return of deposit money against the Plaintiff.

The registration of the establishment of the right to lease on a deposit basis in the name of the defendant who does not have the right to claim the lease on a deposit basis shall be cancelled.

(Chapter 2). (c)

Since the duration of the registration of chonsegwon has expired, it is so.

arrow