(영문) 창원지방법원밀양지원 2019.12.18 2019가단1697

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(영문) 창원지방법원밀양지원 2019.12.18 2019가단1697

건물인도등

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1. Of the lawsuit in this case, the part of the claim for cancellation of the registration of housing lease shall be dismissed.

2. The defendant is about 9,184.

Reasons

1. Basic facts

A. On August 20, 2015, the Defendant concluded a lease contract (hereinafter “instant contract”) with D (hereinafter “D”) with respect to the instant apartment by setting the deposit of KRW 10 million, monthly rent of KRW 204,00, and the period on June 30, 2016.

B. On December 29, 2015, the Plaintiff succeeded to the lessor’s status of the instant contract while purchasing the instant apartment from D.

C. On July 23, 2018, the Defendant completed the instant registration on the instant apartment under the order of lease registration.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence No. 1 and the purport of the whole pleadings

2. On the part of the lawsuit of this case concerning the claim for cancellation of the registration of this case among the lawsuits of this case, health room and house lease registration of this case as to the part concerning the claim for cancellation of the registration of this case among the lawsuits of this case, after the lease of this case is terminated, the court recognized the application as reasonable and entrusted the registration to the competent registry office.

As such, in order to cancel the registration on the basis of the court's order of lease registration, the court shall file an objection or an application for cancellation on the order of lease registration and have the court cancelled the above decision, and submit the original copy of the judgment to the executive agency for the cancellation of the execution.

(See Article 3-3(3) of the Housing Lease Protection Act. As long as special remedies are provided for the procedure of compulsory execution with respect to the cancellation of the lease registration, the part against the defendant seeking cancellation of the registration of this case is unlawful as there is no benefit of lawsuit.

3. The assertion and judgment

A. The plaintiff's assertion does not pay all the rent after the plaintiff acquired the apartment of this case and the status of the lessor.

참조조문

-주택임대차보호법 제3조의3 제3항

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