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(영문) 서울중앙지방법원 2013.12.12 2013가단12219
전세권설정등기말소
Text

1. At the same time, Defendant A received KRW 90,000,000 from Defendant C:

A. Defendant A shall enter in the attached list.

Reasons

1. Basic facts

A. On September 20, 2001, C entered into a lease on a deposit basis (hereinafter “instant lease on a deposit basis”) with Defendant A on a deposit basis with the settlor of chonsegwon, Defendant A, Defendant A, the deposit money of 300 million won, the term of May 20, 200 to May 20, 2002, and the return date on May 20, 200, with regard to the building listed in the separate sheet owned by him (hereinafter “instant building”). On September 20, 2001, C entered into a lease agreement with Defendant A on a deposit basis (hereinafter “instant lease agreement”). The Seoul Central District Court registered the Seoul Central District Court on September 20, 201 as the registration of the establishment of the lease on a deposit basis (hereinafter “registration of the lease on a deposit basis”). Accordingly, Defendant A’s lease on a deposit basis (hereinafter “instant lease on a deposit basis”).

The Defendants have been transferred to their husband and wife from C, and have been jointly occupying and using the instant building until now.

B. On October 14, 2011, the Plaintiff concluded a sales contract for the instant building with C, and completed the registration of ownership transfer in its name on October 17, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1, 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, since the right to lease on a deposit basis of this case is deemed to have ceased to exist due to the expiration of its duration, barring any other circumstance, the Plaintiff, the owner of the building of this case, and the Defendant A has the duty to take procedures for registration of cancellation of the right to lease on a deposit basis of this case, and the Defendants

I would like to say.

B. (1) The Defendants: (a) paid 20 million won as down payment to Defendant A at the time of the contract to lease on a deposit basis; and (b) remitted 230 million won to D, who is the provisional registration authority of the instant building, and 50 million won as the seizure authority of the instant building, respectively, and thereby, paid 30 million won for the deposit money for the instant lease on a deposit basis to C; and (c) Defendant A paid 300 million won for the deposit money for the instant lease on a deposit basis from Defendant C.

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