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(영문) 의정부지방법원 고양지원 2018.11.16 2017가단2666
전세권설정등기말소
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of the lawsuit include the costs incurred by the supplementary participation.

Reasons

1. The plaintiffs' assertion on the ground of the claim of this case

A. The Plaintiffs, as owners of 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant building”), leased approximately 30 square meters of the first floor E (E; hereinafter “E”) to the Defendant Intervenor (hereinafter “Supplementary Intervenor”) under the following agreement on September 18, 2007.

(1) 17 million won of a lease deposit, KRW 90,000 won of a rent (excluding value-added tax), and period of lease from October 1, 2007 to 24 months: A special agreement: At the expense of an assistant intervenor, the registration of creation of the right to lease on a deposit basis is required.

B. The supplementary intervenor transferred the instant building to the front floor F of the instant building (hereinafter “F”) from November 2017 to the front side of the place.

) After the expiration of the lease term, a contract is concluded again with a fixed term from October 11, 201 to September 11, 201, with a lease deposit of KRW 17 million, a monthly rent of KRW 1 million (excluding value-added tax), and a fixed term of lease from October 11, 201 to September 11, 201, and a newspaper distribution center has been operated.

After that, as the supplementary intervenor did not pay the rent, the plaintiffs notified the intent to terminate the above lease agreement, and the mediation was concluded between the plaintiffs and the supplementary intervenor, which stated that "the supplementary intervenor shall deliver F to the plaintiffs and pay KRW 7 million to the supplementary intervenor (whichever is the remaining amount after deducting the deposit amount of KRW 17 million from the delayed rent)."

C. However, without any title as to the building of this case, the defendant agreed to establish a right to lease on a deposit basis to the supplementary intervenor, and for that purpose, the seal of the plaintiff B is affixed.

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