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(영문) 인천지방법원 2019.05.23 2018나63894
전세권말소등기
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall have jurisdiction over the real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On May 8, 2008, when the Plaintiff owned the real estate listed in the attached list (hereinafter “instant real estate”), on May 8, 2008, the Plaintiff completed the registration of establishment of chonsegwon (hereinafter “registration of establishment of chonsegwon”) as stated in paragraph (2) of this case, with the deposit money of KRW 100 million on the instant real estate to C Co., Ltd.

B. On October 29, 2009, the Plaintiff leased the instant real estate to D Co., Ltd. (hereinafter “D”) in KRW 100 million.

D has acquired the right to lease on a deposit basis from C Co., Ltd. to secure the right to lease deposit and completed additional registration on April 7, 2010.

C. On April 27, 2012, the Plaintiff and D agreed to terminate the instant real estate lease agreement as of April 30, 2012. The Plaintiff was handed over the instant real estate from D on June 15, 2012.

On August 10, 2012, the Plaintiff and D agreed to offset the Plaintiff’s overdue rent and management expenses claim (152,374,840 won) against D’s overdue lease deposit refund claim (100 million won).

On July 19, 2012, E completed the registration of provisional seizure against chonsegwon claims, F on December 13, 2012, the provisional seizure against chonsegwon claims, the registration of provisional seizure against chonsegwon claims on February 13, 2013 by the Industrial Bank of Korea, G Co., Ltd. (hereinafter “G”) on February 19, 2013, the registration of provisional seizure against chonsegwon claims, the registration of seizure against chonsegwon claims on February 19, 2013 by G Co., Ltd. (hereinafter “H”) and H (hereinafter “H”) on October 15, 2013, respectively.

E. The Plaintiff sold the instant real estate to I Co., Ltd. (hereinafter “I”) and completed the registration of ownership transfer on December 27, 2013.

F. The instant right to lease on a deposit basis was sold to the Defendant on January 22, 2014 in accordance with the procedure of special cashization based on G’s seizure, and the additional registration of the right to lease on a deposit basis was completed on October 6, 2014.

At the same time, all registrations of seizure or provisional seizures E, F, Industrial Bank of Korea, G, and H have been cancelled.

(g)...

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