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(영문) 창원지방법원 2017.07.20 2017가단105800
전세권말소 등
Text

1. Defendant B:

(a) deliver each real estate listed in the separate sheet;

(b)Paragraph 3. of the Attachment List.

Reasons

1. Basic facts

A. The Plaintiff, as the parties, is the owner of each real estate listed in the separate sheet (hereinafter referred to as “real estate”) and the Defendant B is the owner of each real estate listed in the separate sheet (hereinafter referred to as “each real estate of this case”), and Defendant B is the owner of each real estate of this case No. 3.

A person who has completed the registration of the establishment of the right to lease on a deposit basis as stated in paragraph (1), and Defendant Madong Agricultural Cooperative (hereinafter “Defendant Cooperative”) is a mortgagee of the right to lease on a deposit basis based on the registration of the establishment of the right to lease on a deposit basis.

B. On May 18, 2010, the Plaintiff entered into a lease agreement with C with respect to each of the instant real estate as the lease deposit of KRW 40,000,000, monthly rent of KRW 300,000 (prepaid on January 1), and KRW 72 months during the lease period (hereinafter “instant lease agreement”).

(2) According to the instant lease agreement, C transferred KRW 1,00,000 as the down payment on May 18, 2010 to the Plaintiff, and Defendant B transferred KRW 39,00,000 as the remainder.

C. On June 1, 2010, the Plaintiff completed the registration of lease on a deposit basis with a person having chonsegwon (hereinafter “right to lease on a deposit basis”). The Plaintiff completed the registration of lease on a deposit basis with a person having chonsegwon (hereinafter “right to lease on a deposit basis”) under Article 11966, which was based on the contract to establish a right to lease on a deposit basis and the contract to establish a right to lease on a deposit basis (hereinafter “right to lease on a deposit basis”).

(C) On the same day, the registration of establishment of the right to lease on a deposit basis (hereinafter referred to as the “right to lease on a deposit basis”) with the same registry office No. 11967, the maximum debt amount of 90,000,000, and the debtor B and the defendant association of the

(2) However, Defendant B and C do not keep a written contract to establish a right of lease on a deposit basis, which serves as the basis for the registration of the establishment of a right of lease on a deposit basis.

After the conclusion of the lease agreement, Defendant B and C occupy each of the instant real estate and D.

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