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(영문) 창원지방법원밀양지원 2017.07.11 2017가단492
전세권설정등기말소
Text

1. The Defendant’s ground for expiration of the period of April 23, 2012 with respect to the real estate stated in the attached list to the Plaintiff.

Reasons

On September 6, 2004, the Plaintiff entered into a lease on a deposit basis (right of lease on a deposit basis) of 15 million won for the second floor of 109.52 square meters of real estate listed in the attached Table (hereinafter “instant building”) among the real estate recorded in the attached Table (hereinafter “the instant building”) with the Defendant, and completed the registration of the establishment of a lease on a deposit basis as stated in the attached Table (right of lease on a deposit basis) on September 8, 2004.

Since then, the contract to establish a right to lease on a deposit basis between the plaintiff and the defendant was renewed several times, and terminated on April 23, 2012, and the plaintiff returned 15 million won to the defendant on the same day.

[Ground of recognition] In light of the fact that there is no dispute, each entry of Gap's 1 through 3 (including a provisional number) and the purport of the entire pleading, the defendant is obligated to implement the procedure for cancellation registration of the above right to lease on a deposit basis for the expiration of the period of April 23, 2012 for the building in this case, barring special circumstances.

The defendant's assertion argues that the plaintiff and the defendant should bear 1.5 million won each at the end of the end of 2011 and install an emergency exit in the building of this case. Since the person obligated to ultimately bear the installation costs of the emergency exit is the plaintiff who is the owner of the building, the defendant cannot comply with the cancellation of the registration of the right to lease on a deposit basis until he receives 1.5 million won for the emergency exit installation

However, the defendant's above assertion is not acceptable, since there is no evidence to deem that the defendant had borne the above emergency exit installation costs.

In conclusion, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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