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(영문) 수원지방법원 2018.05.16 2017가합2710
전세권설정말소등기절차이행
Text

1. As to the real estate stated in the attached Table 1 list to the Plaintiff (Appointed Party), the Appointed Party C, and D.

Reasons

1. Basic facts

A. Co-owners holding 1/3 shares of the real estate listed in the separate sheet No. 1 (hereinafter referred to as “the instant building”) are co-owners who own 1/3 shares of each of the real estate listed in the separate sheet No. 1 (hereinafter referred to as “the instant building”), and the Defendant is the lessee who leased the instant building from the Plaintiffs.

B. On March 20, 2015, the Plaintiffs and the Defendant: (a) a commercial lease agreement between the Plaintiffs and the Defendant for a lease contract and for a lease on a deposit basis; (b) a deposit of KRW 500 million for the instant building; (c) a monthly rent of KRW 30 million for the instant building (payment on May 21, 201); and (d) a commercial lease agreement between May 21, 2015 and May 20, 2020 for the duration of a lease contract (i) a right to lease on a deposit basis as seen below after the said lease agreement was concluded, the said agreement has the nature of both the lease agreement and the lease on a deposit basis; (b) however, the said agreement has both the lease agreement and the lease on a deposit basis, without distinguishing it; and (c) a

A) Around that time, the Defendant paid KRW 500 million to the Plaintiffs. The main contents of the instant lease agreement are as follows. In the event that the lessee has failed to pay the amount of rent for the second period or violated Article 3, the lessor may terminate the said lease agreement without delay. In the event that the lease agreement is terminated, the lessee shall restore the said real estate to its original state and return it to the lessor. In such a case, the lessor shall return the deposit to the lessee, and if the rent or damages is overdue, the lessor shall remove it and refund the balance.

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