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(영문) 대구지방법원안동지원 2017.07.05 2016가단1052
전세권말소등기등
Text

1. The defendant shall receive KRW 38,715,90 from the plaintiff and at the same time, set forth in attached Table 1 to the plaintiff.

Reasons

1. The following facts can be acknowledged as either in dispute between the parties or in full view of the purport of the entire pleadings as to Gap evidence Nos. 1 to 5, 8, and Eul evidence No. 1.

On October 27, 2006, the Plaintiff entered into a lease on a deposit basis (hereinafter “the lease on a deposit basis”) with the Defendant as well as each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and completed the lease on a deposit basis, five million won per annum, lease on a deposit basis, lease on a deposit basis, one million won per annum, and the lease on a deposit basis from November 1, 2006 to October 31, 2008 with respect to each of the instant real estate listed in the separate sheet (hereinafter “instant real estate”). The Plaintiff completed the lease on a deposit basis (hereinafter “the lease on a deposit basis”) with the Daegu District Court’s permanent registry office on a deposit basis as of November 1, 2006 (hereinafter “the registration of the lease on a deposit basis”).

The main contents of the contract to establish a chonsegwon are as follows.

Article 4 The scope of chonsegwon shall be the whole real estate, and the person having chonsegwon shall use the original real estate according to its essential purpose.

Article 5 The person having a right to lease shall maintain the current state of the subject matter of lease and conduct repair, repair, etc. belonging to the general management thereof.

If the value of the subject matter has been significantly decreased because the settlor of chonsegwon alters or alters the original form of the subject matter without the consent of the settlor of chonsegwon, the settlor of chonsegwon may request for extinguishment of chonsegwon.

When a person having chonsegwon has changed the current state for his/her benefit from use, he/she shall restore it to the original state immediately after the term expires and transfer it to the settlor.

Special contract: The building of this case on the land of this case is not established on the basis of an unregistered relation, but the lessor and the lessee do not raise any objection to the lease on the land of this case.

B. The Plaintiff and the Defendant agreed to increase the rent to KRW 2.5 million per annum from November 1, 2012, and the Defendant.

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