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(영문) 수원지방법원성남지원 2019.04.05 2018가합406121
전세권이전등기말소
Text

1. The plaintiff's registration of the transfer of right to lease on a deposit basis as stated in the [Attachment 1] List against the defendants of this case.

Reasons

1. The heir (including a substitute heir) becomes the defendant due to the death of G, which was originally the plaintiff as the defendant stated in the attachment No. 3 of the claim.

as the same shall apply.

In addition, the Plaintiff added the extinguishment of the right to lease on a deposit basis due to the expiration of the period of the right to lease on a deposit basis or due to the repayment of the Plaintiff’s obligation to refund on a deposit basis as the selective primary cause of claim.

2. Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act (amended by Presidential Decree No. 208(3) of the same Act);

A. The supplementary registration of partial dismissal of the right to lease on a deposit basis and of creation of mortgage for the right to lease on a deposit basis, are subordinate to the registration of establishment of right to lease on a deposit basis, which is an existing principal registration, and thus, the obligation to be secured is extinguished, or where the registration of establishment of right to lease on a deposit basis is null and void as the principal registration is sought to cancel the registration of establishment of right to lease on a deposit basis, and the supplementary registration is cancelled ex officio by cancellation of the principal registration even if it is not separately claimed

(See Supreme Court Decisions 95Da7550 delivered on May 26, 1995, 2000Da19526 delivered on October 10, 200, and Supreme Court Decision 2009Da21386 delivered on July 9, 2009, etc.). In light of such legal principles, the Plaintiff’s claim for cancellation of the registration of the right to lease on a deposit basis as to each of the instant real estate among the instant lawsuits against the Defendants is lawful, the Plaintiff’s claim for cancellation of the registration of the right to lease on a deposit basis ex officio, and the Plaintiff’s claim for cancellation of the registration of the right to lease on a deposit basis in the instant lawsuit against the Defendants

B. According to the purport of the Plaintiff’s partial dismissal, the Plaintiff sought cancellation of the registration of the right to lease on a deposit basis for the instant real estate. However, the Defendants, as G’s heir, had the duty to cancel the registration of the right to lease on a deposit basis, and the Defendants have the respective inheritance shares (see attached Form 2).

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