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(영문) 인천지방법원 2017.01.18 2015가단19536
전세권등기말소등
Text

1. On February 26, 2009, Defendant B had the Incheon District Court, Dongcheon Registry as to the real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the mother of Defendant B.

B. As to the instant real estate owned by the Plaintiff, Defendant B completed the registration of the establishment of chonsegwon by Defendant B, a person having chonsegwon, from the Incheon District Court, Dongcheon District Court, Dongcheon Registry, 7080, which was received on February 26, 2009, as of March 31, 2008, with the deposit money of KRW 50 million due to the contract to establish a contract on March 31, 2008.

(hereinafter “The instant chonsegwon”) and C. The instant chonsegwon (hereinafter “the instant chonsegwon”).

The Defendant Incheon Credit Guarantee Foundation completed the registration of provisional seizure of the right to lease on a deposit basis (right to lease on a deposit basis) claim amounting to KRW 18 million due to the provisional seizure order of the Incheon District Court 2013Kadan1001 on July 5, 2013, as to the right to lease on a deposit basis (right to lease on a deposit basis), which was received on July 31, 2013 by the same registry office.

On October 23, 2013, No. 45854, Oct. 16, 2013, 2013, the SCOF Foundation, the Defendant corporate, completed the provisional attachment registration of the right to lease on a deposit basis, which was filed for the provisional attachment order of the Incheon District Court 2013Kadan14893, Oct. 16, 2013.

E. Defendant Korea Housing Finance Corporation completed the provisional attachment registration of the right to lease on a deposit basis, KRW 11,734,119, the amount claimed based on the provisional attachment order of the Incheon District Court 2014Kadan891 on February 17, 2014, as the same registry office received on March 6, 2014 with respect to the instant right to lease on a deposit basis of the right to lease on a deposit basis.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2, purport of whole pleadings

2. The plaintiff's assertion only caused the defendant B, who is his father, to live without compensation in the real estate of this case, and did not enter into a lease contract with the defendant B.

However, Defendant B forged a power of attorney using the Plaintiff’s seal imprint and a certificate of personal seal impression, and completed the registration of the establishment of a right of lease on a deposit basis by forging a real estate lease contract with the Plaintiff’s seal affixed.

Therefore, since the establishment registration of the right to lease on a deposit basis of this case is invalid, the plaintiff seeks cancellation of the registration of the right to lease on a deposit basis against the defendant B, and the defendant Incheon Credit Guarantee Foundation.

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