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(영문) 창원지방법원통영지원 2016.06.15 2015가단7106
전세권설정등기말소
Text

1. The Defendants: (a) on the real estate stated in the attached list to the Plaintiff, machinery, such as the Changwon District Court’s Tong Branch Branch Branch, May 2005.

Reasons

1. Indication of claim;

A. On May 30, 2005, the Plaintiff: (a) decided on May 30, 2005, part of the second floor among the real estate listed in the attached list (hereinafter “instant real estate”) as deposit money for lease on a deposit basis; and (b) decided from May 30, 2005 to May 29, 2007, the Plaintiff provided lease on a deposit basis for lease on a deposit basis; and (c) set the lease on a deposit basis under the name of D with respect to the instant real estate.

B. Around August 2011, the Plaintiff returned KRW 18,700,000 remaining after deducting the sum of KRW 1,300,000,000, including the monthly rent and water rate not paid from KRW 20,000,00, around early September 201, as D removed from the instant real estate.

C. On the other hand, D died on March 6, 2013, and D as inheritor, there is the Defendants, who are the children of D (each 1/2 of the inheritance shares).

Therefore, D is obligated to perform the procedure for registration of cancellation of the registration of chonsegwon established on the instant real estate to the Plaintiff, and the Defendants are obligated to perform the procedure for registration of cancellation of the registration of chonsegwon established on the instant real estate as D’s heir.

2. Grounds for recognition;

(a) Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

(b) Defendant C: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act)

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