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(영문) 대전지방법원서산지원 2015.03.18 2014가단1654
전세권말소
Text

1. Defendant B: (a) on August 24, 201, the Taean District Court of Daejeon District on the real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On August 23, 201, the Plaintiff entered into a contract to establish a right to lease on a deposit basis with respect to the instant real estate in the period of KRW 22,00,000, and from August 23, 201 to August 31, 2013, and the network E completed the registration of the establishment of a right to lease on a deposit basis on August 24, 201.

B. On October 20, 201, the deceased on October 20, 201, and the Defendants, as the deceased’s inheritors, completed the registration of chonsegwon transfer with the content of changing the person having chonsegwon from the network E to the Defendants (Defendant B3/7 shares, Defendant C, and each of Defendant D 2/7 shares) on the ground of inheritance on October 20, 201, under Article 944 of the Daejeon District Court Thaian District Court’s receipt of registration office on January 12, 2012.

C. The Plaintiff paid to Defendant B KRW 1,00,000,000 on August 26, 2013, and KRW 21,000,000 on September 2, 2013 as a deposit deposit return.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The Plaintiff’s assertion that KRW 22,00,000,000 paid to the Plaintiff is actually owned by Defendant B, and Defendant C and D do not have rights thereto.

Since the period of the contract to establish a right to lease on a deposit basis has expired, and the Plaintiff paid all of KRW 22,00,000 to Defendant B, the right holder of the right to lease on a deposit basis, the Defendants shall comply with the procedure for registration of cancellation of the registration of lease on a deposit basis.

3. The key issue of the instant case is whether the instant security deposit belongs to the network E or belongs to Defendant B.

Defendant B paid KRW 14,00,000, and KRW 8,000,00 which he had, as a security deposit, borrowed from a large fraud in the party principal examination, and made a statement in conformity with the Plaintiff’s assertion.

However, Defendant B is only the above argument, but does not submit materials to prove the argument.

It is not possible to submit a loan certificate or a receipt to repay the money from Defendant B’s big fraud, and there is no receipt or financial transaction that the Plaintiff paid the instant security deposit to the Plaintiff.

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