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(영문) 전주지방법원 2016.09.02 2015가단36794
건물명도 및 전세권설정등기의 말소등기
Text

1. On the Plaintiff (Counterclaim Defendant A) with which the new date of the Defendant Limited Liability Company was UN:

A. The retail store of the first floor among the buildings listed in the annexed sheet 134.

Reasons

1. Facts of recognition;

A. The plaintiffs are legally married couple, and co-owners of the buildings listed in the attached Form.

B. On September 3, 2010, the date the Plaintiff A and the Defendant Limited Company (hereinafter “instant real estate”) entered into a lease agreement for the lease deposit of KRW 50,00,000, monthly rent of KRW 2,420,00 (including value-added tax) with respect to the first floor retail store 134.1 square meters (hereinafter “the instant real estate”), among the buildings listed in the attached Table, with the term of lease from October 1, 2010 to September 30, 2012.

C. In order to secure the claim for the return of the lease deposit against the instant real estate held by the Plaintiffs and the Defendant Limited Company, the former District Court indictmented No. 47246, Oct. 8, 2010; KRW 50,000,000; and the duration of the lease on a deposit basis until September 30, 2012, completed the registration of the establishment of the right to lease on a deposit basis.

Defendant Seoul Guarantee Insurance Co., Ltd. is a creditor who has the right to receive an amount of indemnity calculated at the rate of 15% per annum from November 4, 2011 to November 29, 2011, and 20% per annum from the next day to the date of full payment of the amount of KRW 44,101,080 and KRW 36,435,920.

E. The Defendant Seoul Guarantee Insurance Co., Ltd.: (a) applied for provisional seizure of the above right to lease on a deposit basis, which the former District Court 201Kadan1931, which the new owner of the Defendant Limited Company had against the Plaintiffs, for the provisional seizure of the above right to lease on a deposit basis, using KRW 45,701,550 of the above right to lease on a deposit basis as the preserved right; and (b) rendered a judgment of provisional seizure of the right to lease on a deposit basis, which cited it from the former District Court on May 23, 201; and (c) thereafter, the decision of provisional seizure of the above right

F. The Defendant Seoul Guarantee Insurance Co., Ltd. transferred the provisional seizure of KRW 45,701,550 out of the above indemnity bond amount to the Jeonju District Court 2014TTT7597, and seized and collected the provisional seizure of KRW 13,716,070.

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