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(영문) 창원지방법원 거창지원 2017.02.16 2016가단801
전세권설정등기말소
Text

1. The defendant received on May 31, 1994 from the Changwon District Court Consolidated Registry as to the building stated in the attached list from the plaintiff.

Reasons

1. Indication of claim;

A. On June 12, 1993, the Plaintiff completed the registration of ownership transfer for reasons of sale on March 20, 1985 with respect to the buildings listed in the separate sheet (hereinafter “instant building”).

B. On April 20, 1994, the Plaintiff entered into a contract to establish a right to lease on a deposit basis with the Defendant as of April 20, 1997 for the deposit money of KRW 15,000,000, the duration and return period, respectively, and completed the registration of the establishment of a right to lease on a deposit basis in the name of the Defendant on May 31, 1994.

C. On April 20, 1997, the expiry date of the term of the above chonsegwon, the Plaintiff paid KRW 15,000,000 to the Defendant.

Therefore, since the above right to lease on a deposit basis has expired due to the expiration of the duration period, the defendant is obligated to implement the procedure for cancellation registration for the registration of the establishment of the right to lease on a deposit basis stated in the order to the plaintiff on April 20,

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

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