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(영문) 광주지방법원 2018.09.07 2018가단41
전세권말소 등
Text

1. The Plaintiff:

A. Defendant C, D, E, and F shall be the registration office of the Gwangju District Court with respect to the real estate stated in the separate sheet.

Reasons

1. Basic facts

A. On March 15, 2013, the Plaintiff occupied, used, and profit from the instant building after obtaining a successful bid in the G site and the real estate indicated in the attached list, which is the above ground building, in Gwangju Metropolitan City, Nam-gu, Gwangju Metropolitan City (hereinafter “instant building”) from the Gwangju District CourtH auction procedure and completing the registration of ownership transfer.

B. The deceased I (Death on November 12, 2012) is a person who completed the registration of chonsegwon creation as of February 11, 1989 with the receipt No. 4360 on February 11, 1989 by the Gwangju District Court’s registration office, with the period of January 14, 1989, which is determined as 24,000,000 won for the instant building and 3 partitions for the first floor among the three floors of the scope, and as of January 14, 1990.

(hereinafter referred to as the "right to lease on a deposit basis of this case") which is presumed to have been held by the deceased I, and the registration thereof shall be registered (hereinafter referred to as the "registration of the right to lease on a deposit basis of this case").

Defendant C, D, E, and F, the I’s siblings, after the I’s death, was tried on January 9, 2013 by Sungwon District Court 2012 Madan1441, Sungnam Branch of Suwon District Court 2013, and became the heir of Defendant C, D, E, and F.

Defendant B is a person who completed the additional registration of provisional attachment of the right to lease on a deposit basis as the registration office of Gwangju District Court No. 33512, Nov. 19, 1992, by obtaining the provisional attachment order of the right to lease on a deposit basis as the Gwangju District Court 92Kadan3381.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. In full view of the following: (a) the Plaintiff was not residing in the instant building before the Plaintiff was awarded the bid; and (b) the maturity period for the claim for the return of the instant lease deposit is January 14, 1990, which is the last day of the term of the instant lease on a deposit basis; and (c) the fact that the instant claim for the return of the lease deposit was extinguished by the extinctive prescription period; and (d) Defendant C, D, E, and F did not clearly dispute the Plaintiff’s assertion and are present at the date of pleading pursuant to Article 150 of the Civil Procedure Act.

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