(영문) 서울서부지방법원 2017.11.28 2016가단258226

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Reasons

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(영문) 서울서부지방법원 2017.11.28 2016가단258226

기타(금전)

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B completed the registration of ownership transfer based on “trade on November 3, 1997,” with respect to the instant real estate on December 15, 1997.

B. Defendant A filed an application for the order of lease registration of the instant real estate against the Plaintiff, and the Seoul District Court, on November 25, 2002, rendered a lease deposit of KRW 55,000,000 on the instant real estate (hereinafter “lease deposit”) and the lease registration order of March 23, 1993 on the lease date, and accordingly, completed the registration of the instant real estate on December 24, 2002 under Article 80213 on the receipt of the Dongdaemun-gu Seoul Northern District Court’s Dongdaemun District Court’s receipt of the Housing Lease Registration Office (hereinafter “instant Housing Lease Registration”).

C. On August 26, 2011, the Defendant’s media obtained the attachment order as to the instant lease deposit by the Seoul Central District Court 201TTTTB 201TT 9725 on August 26, 201, and based on the above attachment order, the Seoul Northern District Court received the Seoul Northern District Court’s receipt of 80213 of the Seoul Northern District Court’s receipt of the said attachment order, “The attachment registration of this case” is “the attachment registration of this case.

(A) A. [The description of evidence No. 9 and the purport of the entire pleadings as to the grounds for recognition]

2. The gist of the Plaintiff’s assertion is that the Plaintiff has a claim for reimbursement based on the final and conclusive judgment (Seoul Central District Court 2008 Ghana2929320) against B.

However, since there is no claim for the return of the lease deposit of this case against Defendant A, the defendant A has a duty to cancel the registration of the lease of this case, and as to the registration of the lease of this case to be cancelled, the defendant Cho Media Co., Ltd., which completed the registration of the seizure of this case as to the registration of the lease of this case, has a duty to express his consent necessary for the procedure for the cancellation registration of the lease of this case against the third party who has interests in the registration of this case. The plaintiff

3. Whether the lawsuit is lawful or not.

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