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(영문) 서울서부지방법원 2020.05.07 2019가단246798
전세권설정등기말소
Text

1. Defendant C received on August 6, 1985 from the Seoul Western District Court with respect to the real estate stated in the attached list to the Plaintiff.

Reasons

1. Determination as to the claim against Defendant C and D

(a)as shown in the reasons for the attachment of the claim;

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private capital);

2. Determination as to the claim against Defendant (Appointed Party) E

A. Comprehensively taking into account the purport of Gap evidence No. 1 as to the cause of the claim, the plaintiff acquired the ownership of the real estate listed in the separate sheet (hereinafter "the real estate of this case") on May 26, 198. Meanwhile, with respect to the real estate of this case 49.5m2, the defendant C shall have the deposit money of 8.5 million won on a deposit basis, the term of 8.5 million won on August 3, 1986, and the return date August 3, 1986, which was registered as Seoul Western District Court No. 31299 on August 6, 1985 (hereinafter "registration of the establishment of the right of lease of this case"). The fact that the GJ completed the provisional attachment registration on October 5, 1985 (Seoul District Court 85Ma353444, 194, and hereinafter "the designated spouse of this case"), and the heir of the GJ (the designated spouse of this case") and the heir of this case shall be acknowledged.

In full view of the purport of the entire argument in the above facts, the right to lease on a deposit basis was extinguished due to the expiration of the term of existence, and the ten-year extinctive prescription has expired from August 3, 1986, when the right to lease on a deposit basis was returned, and the right to lease on a deposit basis was also extinguished

Defendant C is obligated to cancel the registration of the establishment of the instant chonsegwon to the Plaintiff, and Defendant E and the designated parties are third parties interested in the registration, and are obligated to express their intent to accept the registration of the establishment of the instant chonsegwon to the Plaintiff.

B. As to the determination of Defendant E’s assertion, Defendant E did not receive the debt from the obligor C under the instant provisional seizure, it shall comply with the Plaintiff’s claim.

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