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(영문) 서울서부지방법원 2016.10.14 2016가단12840
임대차보증금
Text

1. The defendant shall deliver approximately 601 m20 m20 m2 from the plaintiff among the real estate listed in the attached list to the plaintiff at the same time.

Reasons

1. Basic facts

A. D, among the real estate listed in the attached list (hereinafter “instant real estate”), leased approximately KRW 502 square meters from C, was unable to refund KRW 45 million, and on December 21, 2010, the Seoul Western District Court completed the lease registration on December 30, 201 with the Seoul Western District Court Decision 2010Kaga1960, and filed a lawsuit to refund the lease deposit with the Jeonju District Court Branch Branch 201Ga3706.

B. The plaintiff, the wife of C, as the wife of C, is not more than 601, among C and the real estate of this case.

I prepared a lease agreement on March 10, 201, which was set at 40 million won and 12 months.

At this time, the deposit shall be deducted from KRW 40 million among the obligations owed by C to E, and the Plaintiff completed the move-in report at that time, and the Plaintiff received the order of lease registration as Seoul Western District Court 2012Kao527 on April 17, 2012.

5.4. Completion of the lease registration.

C. The above A.

When the judgment in favor of the court was rendered on May 26, 2011 in the litigation described in the paragraph, D was rendered on August 22, 201, and D was rendered a compulsory decision to commence compulsory sale of the instant real estate as F by the Seoul Western District Court on August 22, 201, and the Defendant was awarded a successful bid on July 29, 2013 and completed the registration of ownership transfer on August 12, 2013.

The Plaintiff terminated the lease contract with C and participated in the distribution, and received dividends of KRW 5,601,658 on September 12, 2013.

E. On September 18, 2014, the Defendant filed a lawsuit against the Plaintiff, etc. claiming the cancellation of the right to lease registration as Seoul Western District Court 2013da245137, and the judgment dismissing the Plaintiff’s claim for cancellation of the right to lease registration and dismissing the claim for extradition was rendered.

Although the lease contract was asserted to be null and void as a false agreement in line with the relationship between the plaintiff and C or the contents of the lease contract, if it is intended to cancel the registration under the order of lease registration, it is necessary to file an objection or an application for cancellation and to seek cancellation of the execution, so there is no benefit of lawsuit.

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