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(영문) 서울중앙지방법원 2018.05.25 2017가단5140483
전세권설정등기 말소등기절차이행청구의 소
Text

1. The defendant shall accept the registration of the Seoul Central District Court and December 28, 1998 with respect to the real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. As to the instant real estate, the registered lease on a deposit basis, 67,500,000 won, and 143.093 square meters in size among 214.64 square meters in size on the third floor of the building 214.64 square meters in size, and the return date, October 18, 2001; October 18, 2001; the person having a right to lease on a deposit basis; and the Defendant of the person having chonsegwon; and October 18, 1998 (hereinafter “registration of lease on a deposit basis”) was completed in accordance with the contract to lease on a deposit basis as stipulated in paragraph (1) of this case.

B. After completion of the registration of chonsegwon of this case, the Defendant unilaterally delivered the subject matter of lease to C, etc. at least six months.

C. On March 28, 1996, registration of ownership preservation was completed in the future of C and D on March 28, 1996, and the Plaintiff purchased the instant real estate from C and D on June 4, 2004 and completed registration of ownership transfer in the future on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Both claims;

A. Although the Plaintiff’s right to lease on a deposit basis has expired due to the expiration of the duration, the extinctive prescription has expired since October 19, 2001, following the expiration of the Defendant’s right to claim the return of the deposit on a deposit basis.

Since the right to claim for the return of lease on a deposit basis, which is a secured claim, has expired, the defendant is obligated to cancel the registration of lease on a deposit basis to the plaintiff.

B. During the period from six to one month prior to expiration of the term of chonsegwon, C et al., the settlor of the instant real estate, did not notify the Defendant, who is the person having chonsegwon, of the refusal to renew the lease on a deposit basis, that the Defendant would not renew the lease on a deposit basis. Therefore, the term of chonsegwon was the same condition as the lease on a deposit basis (However, it is deemed that the term of chonsegwon is not fixed).

Since the Plaintiff purchased the instant real estate on September 1, 2012, notified the Defendant of the extinguishment of chonsegwon, the instant chonsegwon was extinguished after six months thereafter.

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