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(영문) 부산지방법원서부지원 2017.10.27 2017가단100909
전세권설정등기말소 등
Text

1. As to each real estate listed in the attached list to Defendant B, the Housing Redevelopment Project Association for Defendant A.

Reasons

1. Basic facts

A. On February 2, 2007, Defendant B Housing Redevelopment and Improvement Project Association (hereinafter “Defendant B”) entered into a lease agreement with Defendant A by setting the deposit amount of KRW 60,00,000, and the period from March 1, 2007 to February 24, 2007 as the deposit amount of KRW 60,000,000. On March 27, 2007, Busan District Court Seosan Busan District Court’s Seosan Branch Office (16736 on March 27, 2007, the registration of establishment of chonsegwon (hereinafter “registration of chonsegwon”) was completed from February 2, 2007 to February 2, 2009.

B. On April 30, 2015, the Plaintiff filed a lawsuit claiming a loan against the Defendant Cooperative (Seoul District Court 2015Gahap43502) and received a judgment ordering the Plaintiff to pay KRW 3,775,482,591 and delay damages therefrom (the final and conclusive September 2, 2016), and received a seizure and collection order as of November 21, 2016, with regard to the claim to return the real estate deposit (the claim amounting to KRW 100 million) against the Defendant A of the Defendant Cooperative under the name of the above final and conclusive judgment.

On November 25, 2016, the original copy of the above seizure and collection order was served on Defendant A.

C. The plaintiff B

After receiving the seizure and collection order as stated in Paragraph (1), C received the provisional seizure order on each of the right to lease on a deposit basis with the right to claim the return of the real estate in this case, with the right to claim the payment of the deposit for lease on a deposit basis against the Defendant Cooperative as the preserved claim, and C completed the provisional seizure registration of lease on a deposit basis (hereinafter referred to as “registration of provisional seizure”) on April 12, 2017 with the Busan District Court Seo-gu 2017Kadan194 (the claimed amount of KRW 29,604,774), and D and seven other persons on May 1, 2017 with the Busan District Court Decision 2017Kadan313 (the claimed amount of KRW 27,740,000) on May 24, 2017 and May 8, 2017.

The instant real estate lease agreement is terminated by mutual agreement before February 28, 2017, which is the expiration date of the contract term which has been renewed continuously.

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