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(영문) 대구지방법원서부지원 2020.06.17 2019가단55382
전세권등기말소 청구의 소
Text

1. The defendant shall receive KRW 53,000,000 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. C, the Defendant’s spouse, at the time of December 15, 2012, is the buyer who entered into a sales contract on October 12, 2012 with respect to the instant real estate, which was the buyer of the instant real estate as of December 15, 2012, and completed the registration of ownership transfer on the instant real estate under his/her name on January 18, 2013.

After concluding a contract to establish a right to lease on a deposit basis between the division and completing the registration of the establishment of the right to lease on a deposit basis as KRW 200,000 on January 18, 2013, the Plaintiff and the parents of C have resided in the instant real estate.

B. C died on or around January 10, 2016, and the Defendant solely inherited the right to lease on a deposit basis by agreement division, and completed the registration of establishment of the right to lease on a deposit basis in his/her name on June 9, 2016.

C. At the time of April 4, 2017, the Plaintiff entered into a sales contract for the instant real estate with E, which was the owner of the instant real estate, and completed the registration of ownership transfer on the instant real estate in its name on June 30, 2017.

The mother of the Plaintiff and C died on September 25, 2013, and the father on January 30, 2018, respectively.

After that, the Defendant demanded the Plaintiff to return KRW 200,000,000 to the Plaintiff, and the Plaintiff did not comply with this, the Defendant applied for voluntary auction of the instant real estate on November 13, 2018, with the amount claimed as the amount claimed for the full amount of the said deposit as the Seo-gu District Court Seo-SupportF.

E. On January 22, 2019, the Plaintiff notified the Defendant of the amount calculated by deducting the amount of KRW 53,000,000 from the said amount of security deposit at KRW 200,000,000,000, as the Plaintiff held the claim for the agreed deposit amount of KRW 53,000 against C, and remitted the amount of KRW 147,00,000 to the Defendant’s account on January 21, 2019.

F. On February 26, 2019, the Defendant reduced the claim amount of the pertinent real estate auction application to KRW 53,000,000, and rendered a final decision to commence the auction on the instant real estate on February 27, 2019.

recognized.

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