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(영문) 수원지방법원여주지원 2015.12.08 2013가단16697
임차권등기말소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Plaintiff sought to cancel the registration of housing lease, which was completed by No. 34451 on July 14, 2010, with respect to the real estate listed in the attached list, from the Suwon District Court Branch. Thus, it is examined ex officio as to the legitimacy of the instant lawsuit.

The registration of the right to lease of a house is completed after the application for the right to lease of a lessee who fails to receive the deposit after the termination of the lease is deemed reasonable by the court, and after the application is deemed reasonable by the court, the registration is entrusted to the competent registry office. In order for the court to cancel the registration where the registration is completed on the basis of the right to lease of a house, the court shall file an application for objection or cancellation on the decision of the right to lease of a house and obtain a judgment to cancel the said decision from the court, and

(See Article 3-3(3) of the Housing Lease Protection Act (see Article 3-3(3)). As long as special remedies for the procedure of compulsory execution are provided for the cancellation of the housing lease registration, the Plaintiff may cancel the said registration by filing an objection or an application for cancellation of the decision on the order of lease registration of a house. Therefore, the instant lawsuit against the Defendant seeking cancellation of the housing lease registration

Therefore, the instant lawsuit is dismissed.

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