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(영문) 서울중앙지방법원 2017.12.08 2016가단5284935
건물명도
Text

1. The Plaintiff:

(a) Defendant B and D deliver the real estate listed in the separate sheet;

B. Defendant D shall be recorded in the attached list.

Reasons

1. Basic facts

A. On November 19, 2002, Defendant E completed the registration of initial ownership relating to the real estate listed in the separate sheet (hereinafter “instant real estate”). Defendant E completed the registration of initial ownership relating to the instant real estate as to Defendant D, the person having chonsegwon, the deposit money for lease on a deposit basis, the duration of the contract up to April 10, 2008, with the duration of the contract as of April 11, 2003, which was concluded on April 11, 2003 by the Seoul Central District Court’s registration office No. 44438, Oct. 11, 2007.

(hereinafter referred to as “registration of creation of chonsegwon”). B.

After that, on November 8, 2007, the registration of ownership transfer for the real estate of this case was completed under the name of Nonparty F on October 23, 2007, and the registration of ownership transfer was completed on November 8, 2007 under the name of the Plaintiff on November 1, 2007.

C. On the other hand, on December 1, 2007, the Plaintiff entered into a lease agreement between Defendant D and B, with the deposit amount of KRW 290 million, the contract period of KRW 24 million, and the contract period of KRW 24 months from the contract date. On February 2, 2011, the Plaintiff entered into a lease agreement with Defendant B with the contract amount of KRW 290 million and the contract period of KRW 24 million from the contract date.

(hereinafter “instant lease agreement”). D.

As to the right to lease on a deposit basis of this case, the Seoul Central District Court registered the Seoul Central District Court No. 21764, Jun. 3, 2011, based on the contract to establish the same day, Defendant D completed the registration of establishment of the right to lease on a deposit basis with Defendant D and the mortgagee as Defendant E.

E. On February 2, 2015, the instant lease agreement was explicitly renewed on or around February 2, 2015, and the Plaintiff notified Defendant B and D of the termination of the lease agreement on September 5, 2016 as of February 2, 2017, when the lease renewal period expires.

F. On March 24, 2017, Defendant E received a seizure and collection order against “the claim for return of deposit for lease on a deposit basis, which Defendant D had against the Plaintiff” by Jeju District Court 2017TT20805.

G. The Plaintiff becomes aware of the creditor of the claim for the refund of the deposit for the lease on deposit.

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