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(영문) 서울서부지방법원 2018.06.07 2017가합1325
근저당권설정등기말소
Text

1. The defendant shall register the Seoul Western District Court's Seodaemun with respect to each real estate stated in the separate sheet to the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs’ lease agreement and establishment of a collateral security right 1) Plaintiff B owned the land indicated in the separate sheet (3/13 shares) from March 15, 1999, and Plaintiff A owned the buildings listed in the separate sheet (3/13 shares) on the ground from May 11, 2006, respectively (hereinafter the above land and buildings are referred to as “instant land” and “instant building”).

(2) On March 7, 2008, the Plaintiffs leased part of the instant building (hereinafter “instant store”) to D Co., Ltd. (hereinafter “D”) with the lease deposit amounting to KRW 500 million, monthly renting KRW 9 million, and the lease period from July 1, 2008 to June 30, 2010.

(3) Article 4 of the terms and conditions of the first lease agreement provides that the Plaintiffs set up a right to collateral security in the name of D in order to secure the return of the lease deposit by the Plaintiffs. Under the aforementioned provisions, the Plaintiffs received KRW 500 million from D pursuant to the said provisions, and completed the registration of creation of a collateral security with respect to the land and buildings in this case (the Plaintiff’s share ownership) with the Seoul Western District Court, Seodaemun District Court No. 23921, May 20, 2008 (hereinafter “the registration of the instant right to collateral security”).

(4) On February 24, 2010, prior to the expiration of the first lease agreement, the Plaintiffs: (a) leased the instant store to the Defendant and F on February 24, 2010, by setting the lease deposit amount of KRW 450 million; (b) monthly rent of KRW 1.5 million; and (c) the lease term from March 1, 2010 to February 28, 2012.

(5) On October 15, 2015, when the term of lease under the second lease agreement has been renewed, the Plaintiffs, on October 15, 2015, leased the instant store to the Defendant by setting the lease deposit amount of KRW 260 million, monthly rent of KRW 7.6 million (in addition, monthly rent, KRW 30 million), and the lease term from October 31, 2015 to October 31, 2017 (hereinafter referred to as “third lease”).

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