(영문) 전주지방법원군산지원 2017.06.20 2017가단50568

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(영문) 전주지방법원군산지원 2017.06.20 2017가단50568

전세권말소

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1. Defendant B: (a) on March 5, 2015, the Jeonju District Court’s Gunsan Registry on the real estate stated in the attached list to the Plaintiff.

Reasons

Basic Facts

Around February 2015, the Plaintiff, as the owner of the instant real estate, leased the instant real estate to Defendant B as KRW 150,000,000,000, and KRW 8,000,000,00 each month of rent (prepaid payment on July).

In order to raise the above lease deposit, Defendant B created a right to lease on a deposit basis on the real estate of this case and sought a loan from Defendant B’s treasury as security.

Accordingly, the Plaintiff and Defendant B made a false set of the pre-tax deposit amounting to KRW 300,00,000, and the pre-tax contract amounting to the end of 2020, and completed the registration of establishment of chonsegwon in the name of Defendant B on March 5, 2015.

The term of the lease on a deposit basis is 300,000,000 won, and the term of the lease on a deposit basis was registered as of February 6, 2020.

Accordingly, Defendant B obtained a loan of KRW 150,00,000 from the Defendant’s Treasury and paid the Plaintiff as a deposit for lease. In order to secure the claim for the above loan against Defendant B, the Defendant’s Treasury decided to set up a collateral security as to the right to lease on a deposit basis in the name of Defendant B with the maximum debt amount of KRW 220,00,000, and completed the registration on March 10, 2015.

The Plaintiff filed a lawsuit seeking termination of the above lease agreement against Defendant B on the ground that Defendant B did not perform his/her duty under the lease agreement and seeking the delivery of the instant real estate with the Jeonju District Court 2016Kadan1217, and the said court rendered a judgment on September 23, 2016 that “Defendant B would deliver the instant real estate to the Plaintiff at the same time with payment of KRW 87,763,212 from the Plaintiff,” and the said judgment became final and conclusive around that time.

The amount of KRW 87,763,212 prescribed in the above judgment is the remainder after deducting the overdue rent, etc. from the lease deposit that the plaintiff should return to the defendant B.

On September 30, 2016, the Plaintiff paid KRW 87,763,212 as set forth in the above judgment to Defendant B.

Defendant’s Treasury shall:

유사 판례

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