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(영문) 창원지방법원 2016.01.29 2015가단85032
전세권설정등기말소 등
Text

1. The Plaintiff:

A. The light control officer of the Defendant Han-won Co., Ltd. shall be Changwon District Court as to the real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. On July 25, 2005, the Plaintiff leased the instant real estate at KRW 15,000,000 as lease deposit, and KRW 300,000,000 per month as rent, to the Light Control Center Co., Ltd. (hereinafter “Defendant Korea Light Control Center”).

C. On September 1, 2005, the Plaintiff completed on September 1, 2005, the registration of the establishment of chonsegwon (hereinafter “registration of chonsegwon”) with the Changwon District Court, Kimhae registry, as the receipt date of September 1, 2005, KRW 15,000,000 for the deposit money, from July 25, 2005 to July 25, 2007, with respect to the instant real estate, in order to secure the right to return the deposit money to the Defendant Han Light-gu, the Plaintiff completed the registration of the establishment of chonsegwon (hereinafter “registration of chonsegwon”). D.

After that, on August 1, 2007, the Plaintiff leased the instant real estate to Tae Young-gu Co., Ltd. (hereinafter “ Tae Young-gu Co., Ltd.”) KRW 15,000,000, monthly rent of KRW 450,000. Around January 2009, the Plaintiff leased the instant real estate to Multi-Party Co., Ltd. (hereinafter “multi-Party”) KRW 15,000,000, monthly rent of KRW 500,000, monthly rent of KRW 100,000. On December 1, 2010, the Plaintiff leased the instant real estate to Multi-Party Co., Ltd. (hereinafter “multi-Party”) by changing the lease deposit to KRW 60,000,000 monthly rent.

E. The claim for return of KRW 15,000,000,000 on the instant real estate was transferred to B for the settlement of B’s retirement allowances, a worker who had resided in the instant real estate, due to the bankruptcy of the Defendant’s light producer.

F. B entered at around December 2008, and re-transfer the above lease deposit repayment claim to the Multilater, and the Multilateral Officer paid KRW 15,000,000 to B on December 9, 2008.

G. On November 27, 2015, the Plaintiff terminated a lease agreement with a multi-user and received the instant real estate from a multi-user, and paid KRW 12,00,000,000 for the remainder of the lease deposit, deducting the overdue rent of KRW 3,00,00 from the multi-user, from five months.

H. Meanwhile, Defendant.

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