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(영문) 서울서부지방법원 2016.01.28 2015가단207924
임차권등기말소
Text

1. The plaintiff (Counterclaim defendant)'s principal lawsuit of this case shall be dismissed.

2. The plaintiff (Counterclaim defendant) is about 20,000.

Reasons

1. Basic facts

A. On January 5, 1997, B entered into a lease contract with the Defendant with regard to 303 of the real estate listed in the separate sheet (hereinafter “instant real estate”) as “20 million won for lease deposit, monthly rent of KRW 100,000 for rent, and the lease term from February 2, 1997 to February 1, 1998,” and the Defendant completed the move-in report with the instant real estate as well as with obtaining the fixed date on April 8, 1997 after receiving the instant real estate under the said lease contract.

B. On June 1, 1998, B completed the registration of ownership transfer on the real estate listed in the separate sheet to C on May 1, 1998. However, the Youngdong Agricultural Cooperatives filed a lawsuit seeking revocation of a fraudulent act on the ground that the sales contract between B and C constituted a fraudulent act, and sentenced that C should cancel the registration of ownership transfer under the name of C on December 30, 199. The above judgment became final and conclusive around that time.

C. On September 1, 2001, the Defendant applied for the order of lease registration as the respondent for the order of lease registration as Seoul Western District Court 2001Kaman2690, and on December 18, 2001, the above court received the order of lease registration from the above court. On March 19, 2002, the Seoul Western District Court received on March 19, 2002, the lease registration was completed with the Seoul Western District Court 17341, “20,000,000, monthly rent of KRW 120,000.”

On the other hand, the transfer registration of ownership in the name C following the fraudulent act revocation lawsuit by the Young-dong Agricultural Cooperatives was not cancelled, and it was cancelled on December 19, 201 at the request of the cancellation subrogation of the Young-dong Agricultural Cooperatives.

E. On January 6, 2012, the Defendant filed a lawsuit against C by filing a claim for the return of the lease deposit with the Suwon District Court Decision 201Gau461, Suwon District Court, and filed it with the Defendant on January 6, 2012, and 20% per annum from November 16, 2004 to March 5, 201, and 20% per annum from the next day to the date of complete payment.

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