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(영문) 인천지방법원 2019.11.08 2019가단230867
전세권말소 청구의 소
Text

1. The Defendants are registered with the Incheon District Court as to each of 1/2 shares of the real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who completed the registration of ownership transfer on September 10, 2001 with respect to real estate listed in the separate sheet on September 10, 2001 (hereinafter “instant real estate”).

B. On October 12, 2004, the network D completed the registration of creation of chonsegwon (hereinafter “registration of creation of chonsegwon of this case”) under Article 101811 of the Incheon District Court’s receipt of registration of chonsegwon (hereinafter “registration of establishment of chonsegwon”) by determining as “20,000,000 won for the instant real estate, from October 8, 2004 to October 8, 2006, the period of return from October 8, 2004, the period of lease, October 8, 2006, and the period of lease.”

C. Meanwhile, on February 25, 197, the Plaintiff and the deceased reported marriage on February 25, 197, but they divorced on March 4, 1989. The deceased on April 24, 2006, and their successors are the Defendants (each heir’s share of inheritance).

On June 29, 2006, the Defendants were tried to accept an inheritance limited qualification approval by the Incheon District Court 2006Ra1211.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 2-2, Eul evidence 1, the purport of the whole pleadings, and the purport of the whole pleadings

2. The plaintiff alleged to the effect that since the contract to establish a right to lease on a deposit basis was not concluded with the deceased D, the registration of establishment of a right to lease on a deposit basis of lease on a deposit basis of the instant real estate must be cancelled in its invalidation. The defendants did not dispute

Therefore, the Defendants are obligated to perform the registration procedure for cancellation of the registration of chonsegwon in this case with respect to each of the 1/2 shares of inheritance shares among the instant real estate to the Plaintiff.

(3) The plaintiff's claim against the defendants is justified within the scope of the above recognition. The plaintiff's claim of this case against the defendants is justified, since the defendants cannot be deemed to have an obligation to cancel the registration of the establishment of chonsegwon as to the whole real estate of this case. Thus, the plaintiff's claim of this case against the defendants is without merit.

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