(영문) 수원지방법원 평택지원 2018.10.04 2018가단56686

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(영문) 수원지방법원 평택지원 2018.10.04 2018가단56686

전세권설정등기말소

Text

1. The defendant received on October 30, 1986 from the Suwon District Court's Suwon District Court with respect to the real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On October 30, 1986, the Defendant completed the registration of the establishment of chonsegwon on October 29, 1987 with regard to the real estate listed in the annexed sheet (hereinafter “instant house”) as the deposit money for lease on a deposit basis, the scope of which is 6 million won, part of the house for residence, and the duration of which is 49.58 square meters.

(hereinafter referred to as “registration of creation of chonsegwon”). B.

The plaintiff completed the registration of ownership transfer on the instant house on December 26, 1989.

C. On November 3, 1986, the defendant transferred to another domicile on March 6, 1990 after moving to the housing of this case.

[Reasons for Recognition] A without dispute, entry of evidence No. 1, fact-finding with the head of Pyeongtaek-si C, the purport of the whole pleadings

2. Determination

A. According to the facts found above, the defendant's right to lease on a deposit basis of this case is deemed to have expired on March 6, 1990 when the defendant delivered and transferred the house of this case to the plaintiff at the latest, and barring any special circumstance, the defendant is obligated to implement the procedure for cancelling the registration of the right to lease on a deposit basis of this case to the plaintiff.

B. As to this, the defendant asserts to the effect that he is obliged to refund 6 million won from the plaintiff to cancel the registration of the establishment of the above chonsegwon at the same time.

However, the extinctive prescription of the Defendant’s claim for the return of the deposit money on a deposit basis shall begin from March 6, 1990 at the latest, and it is clear that ten years have passed thereafter, so the Defendant’s claim for the return of the deposit money on a deposit basis has already expired.

3. citing the Plaintiff’s claim for conclusion

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