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(영문) 전주지방법원 2018.05.29 2017가단21581
전세권설정등기말소 등
Text

1. Defendant C is charged with all-round indictment of the Jeonju District Court on February 16, 2012 with regard to the real estate stated in the separate sheet to the Plaintiffs.

Reasons

1. Basic facts

A. On February 10, 2012, Defendant C entered into a lease agreement with the Plaintiffs for the term of February 19, 2017 (hereinafter “instant lease agreement”) with regard to the lease deposit amounting to KRW 200 million, monthly rent of KRW 13 million, and the term of lease for the entire first and second floors among the real estate listed in the separate sheet owned by the Plaintiffs (hereinafter “instant building”).

B. On February 16, 2012, the Plaintiffs completed the registration of establishment of chonsegwon on the order that “The KRW 200 million, KRW 200,000,000: 1st and second floors, and the duration: 19 February 19, 2017,” with respect to the instant building to Defendant C.

(hereinafter referred to as “the instant chonsegwon”). C.

Defendant D Co., Ltd (hereinafter “Defendant Co., Ltd”) concluded a mortgage agreement on April 15, 2015 regarding the instant right to lease on a deposit basis, and completed the registration of establishment of a mortgage on the instant right to lease on a deposit basis with the maximum debt amount as KRW 200 million on April 16, 2015.

(hereinafter “instant collateral security”). D.

Defendant C agreed on May 11, 2016 to terminate the instant lease agreement with the Plaintiffs as of May 20, and delivered the instant building to the Plaintiffs on May 20, 201.

E. On August 29, 2017, the Plaintiffs deposited KRW 30,602,091 remaining after deducting the sum of the overdue rent of KRW 123,930,000, the sum of the overdue rent of KRW 18,200,000, the removal cost of KRW 20,000, and the unpaid water rate of KRW 676,016, the unpaid electricity rate of KRW 66,591,893,97,909, from the lease deposit paid by Defendant C, as a deposit by the Seoul Southern District Court in 2017.

[Based on the recognition] Defendant C: The fact that there is no dispute, the entry of evidence Nos. 1 through 4, and 7, and the purport of the whole pleadings as to whether the confession is made (Article 150(3) and (1) of the Civil Procedure Act)

2. The right to lease on a deposit basis for the termination of the agreement on the instant lease agreement and the repayment deposit of the plaintiffs.

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