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(영문) 인천지방법원 2018.12.19 2018가단245398
전세권등기말소
Text

1. As to the real estate listed in the separate sheet to the Plaintiff:

A. Defendant B is the registry office of the Incheon District Court on January 7, 2002.

Reasons

1. Facts of recognition;

A. On July 13, 2017, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from C and completed the registration of ownership transfer on August 31, 2017.

B. On January 5, 2002, C, the former owner of the instant real estate, entered into a contract to establish a right to lease on a deposit basis with Defendant B on a deposit basis with Defendant B for the entire scope of KRW 30,000,000, and one floor, duration, and return period of the entire scope of the instant real estate. Defendant B completed the registration of lease on a deposit basis as the receipt No. 803 on January 7, 2002 by the Incheon District Court’s registration office.

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

The Defendant Incheon Credit Guarantee Foundation, as the Incheon District Court Decision 2015Kadan3043, applied for provisional seizure of the right to lease on a deposit basis with the amount of KRW 49,825,000 in the amount of KRW 30,00,00 for Defendant B’s lease deposit against Defendant B, and received the decision of acceptance on May 15, 2015. On June 18, 2015, the provisional seizure of the right to lease on a deposit basis was completed on June 18, 2015 with the claimed amount of KRW 49,825,00,000 as the creditor Incheon Credit Guarantee Foundation.

Defendant B removed from the instant real estate on December 27, 2016, and C deposited KRW 30,000,000 as the depositee on August 29, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. The defendant Incheon Credit Guarantee Foundation filed a lawsuit with the same content as this case and the decision of recommending a compromise became final and conclusive, and the lawsuit of this case is asserted to be contrary to res judicata or to be unlawful as a duplicate lawsuit.

In this case, the plaintiff filed a lawsuit against the defendant Incheon Credit Guarantee Foundation as the court 2018da219665, but July 18, 2018, "the plaintiff withdraws the lawsuit of this case. The defendant agrees to the withdrawal of the lawsuit of this case. The costs of lawsuit shall be borne individually by the defendant."

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