(영문) 대전지방법원천안지원 2017.09.13 2017가단1024

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(영문) 대전지방법원천안지원 2017.09.13 2017가단1024

전세권말소등기철차이행

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On December 7, 2006, the deceased F (the name before the opening of the name: G; hereinafter the deceased) registered the establishment of chonsegwon of KRW 70,00,000 on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter the “instant commercial building”) on November 27, 2006 (hereinafter the “registration of establishment of chonsegwon”).

B. After that, on January 26, 2008, the Deceased entered into a lease agreement between the Plaintiff and the Plaintiff on the instant commercial building and the instant commercial building Nos. 305 (hereinafter “instant lease agreement”) with a deposit of KRW 70,000,000, and paid the Plaintiff a difference under the instant lease agreement while operating a restaurant in the instant commercial building.

C. The instant lease contract was terminated on or after the end of December 2009, and accordingly, the Deceased transferred the instant commercial building to the Plaintiff.

At the time, the Plaintiff returned 20,000,000 won out of the deposit to the Deceased, and thereafter, from March 111, 2010 to March 16, 2012, the Plaintiff returned the total amount of KRW 56,00,000 (= KRW 36,000,000) by additionally returning the total amount of KRW 36,000 for several times during the period from March 11, 201 to March 16, 2012.

Meanwhile, the rent to be paid by the deceased to the Plaintiff was KRW 13,200,00 in 200 ( monthly rent of KRW 1,100,000 in 12 months), and KRW 6,000,00 in 209 (i.e., monthly rent of KRW 500,000 in 13,200,000 in 6,000 in 12 months). The Deceased paid to the Plaintiff a sum of KRW 19,20,00 in 208 and KRW 2,80,000 in 20,000 in 209 (=9,000,000 in 2,000,000 in 20,000 in 209). Accordingly, the Deceased paid to the Plaintiff a sum of KRW 11,90,000 in 2,80 in 2,00 in 209,00 in 300.

E. The Deceased died on July 5, 2012, and the Defendants, the wife and their children, inherited the Deceased.

[Ground of recognition] Facts without dispute, Gap 1 through 9 evidence, Eul 1 evidence (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) the Deceased is operating a restaurant in the instant commercial building on January 1, 2010.

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