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(영문) 울산지방법원 2019.06.19 2018가단16606
전세권설정등기 말소
Text

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

A. Defendant B received on September 6, 2013 from the Ulsan District Court.

Reasons

1. Basic facts

A. On August 22, 2013, the Plaintiff leased the instant real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff to Defendant B by setting the lease deposit amount of KRW 100 million from August 30, 2013 to August 29, 2015 (hereinafter “the instant lease”). On the same day, the Plaintiff received the instant lease deposit from Defendant B from Defendant B. On September 6, 2013, the Plaintiff completed the registration of the establishment of the right to lease on a deposit basis as stated in the separate sheet (hereinafter “the instant lease”) as to the instant real estate in order to secure the Defendant B’s right to return the said lease deposit, and the Defendant B completed the registration of the establishment of the right to lease on a deposit basis as described in the Disposition 1(b) as to the instant real estate (hereinafter “the right to lease on a deposit basis”), which was loaned from the Defendant C Association on the same day.

(hereinafter “instant collateral security”). B.

Since the lease of this case terminated on August 29, 2015, Defendant B demanded the Plaintiff to return the lease deposit of this case. Defendant B failed to receive the return of the lease deposit of this case from the Plaintiff, and Defendant B applied for voluntary auction to Ulsan District Court E with respect to the real estate of this case based on the lease of this case.

C. In addition, on July 7, 2016, Defendant B filed a lawsuit against the Plaintiff seeking interest on the instant lease deposit and the instant lease deposit, as the Ulsan District Court 2016Kadan15555, Defendant B failed to refund the said lease deposit and the said lease deposit, and Defendant B filed a lawsuit against the Plaintiff C.

On November 7, 2016, the Plaintiff, a mortgagee of the instant chonsegwon, subrogated to Defendant C Association for the total amount of KRW 46,378,120, which is the balance of the secured debt of Defendant B, and deposited the remainder of KRW 53,621,880 ( KRW 10 million - 46,378,120) with the Ulsan District Court Decision 5335 on the same day, Ulsan District Court, 2016.

E. After that, on May 6, 2017, the said lawsuit was concluded by the ruling of recommending reconciliation that “the Plaintiff shall pay KRW 4 million to Defendant B,” and Defendant B.

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