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(영문) 대전지방법원홍성지원 2016.04.20 2015가단11595
근저당권말소
Text

1. The defendant on January 5, 2009, as to each real estate stated in the separate sheet to the plaintiff, the head of the Daejeon District Court and the port registration office.

Reasons

1. Determination as to the cause of claim

A. The fact of recognition that the Plaintiff leased one of the buildings listed in the attached list No. 2 to the Defendant, and completed the registration of the establishment of the establishment of a neighboring real estate under the name of the Defendant (hereinafter “registration of establishment of a neighboring real estate”) on each real estate listed in the attached list No. 105 as of January 5, 2009, in order to secure the claim for the return of lease deposit (hereinafter “each real estate of this case”).

On November 6, 2014, the Plaintiff filed a claim against the Defendant for the registration of a building name and the rent under the Daejeon District Court Hongsung Branch 2014Kadan9502, and the following voluntary conciliation was established on November 6, 2014:

(hereinafter “instant conciliation”). 1. By April 30, 2015, the Defendant removed each of the greenhouses, warehouses, and material storage facilities on the land listed in attached Table 1 from the Plaintiff by April 30, 2015, and delivers each of them to the Plaintiff one-story 143.29 square meters among the buildings listed in attached Table 2 and attached Table 1.

2. The Defendant is obligated to pay the rent to the Plaintiff not later than the completion date of the implementation of Paragraph 1, and the Plaintiff shall, upon receiving the performance under Paragraph 1 from the Defendant, return the lease deposit amount of KRW 13.5 million to the Defendant (the amount obtained by deducting unjust enrichment equivalent to the rent from the lease deposit, expenses for restoring the landscape, etc.).

3. The defendant shall, upon receiving the refund of the lease deposit under paragraph (2) from the plaintiff, deliver the documents to the plaintiff for cancellation of the registration of creation of the mortgage of this case

On November 13, 2015, the Plaintiff deposited KRW 13.5 million with the Defendant as the principal deposit account in Daejeon District Court Hongsung Branch of the Daejeon District Court from No. 1111 in 2015.

[Ground of recognition] Unsatisfy, Gap 1 through 3 (including each number in the case with a serial number), the purport of the whole pleadings

B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to implement the registration procedure for cancellation on November 13, 2015 with respect to the registration of establishment of a new mortgage in the instant case to the Plaintiff on the ground of repayment of the finalized bond.

2. The defendant's assertion

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