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(영문) 의정부지방법원고양지원 2019.08.01 2019가단4949
주택임차권등기말소등기절차이행
Text

1. The plaintiff (Counterclaim defendant)'s principal claim shall be dismissed.

2. The defendant (Counterclaim plaintiff)'s counterclaim is dismissed.

3...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On July 11, 2016, the Plaintiffs entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 228 million and the lease period from August 31, 2016 to August 30, 2018 (hereinafter “instant lease agreement”), and delivered the instant real estate to the Defendant on August 31, 2016.

B. On October 25, 2018, the Plaintiffs paid KRW 228,563,720 (including the long-term repair appropriations 563,720) to the Defendant on October 25, 2018, following the expiration of the lease term.

C. Meanwhile, on September 4, 2018 upon the Defendant’s application, the registration of the right to lease (hereinafter “instant right to lease”) was completed on September 12, 2018 by the Seoyang-gu District Court, Goyang-gu, Goyang-gu, Goyang-gu, Goyang-si, Goyang-gu, 105360, which received on September 12, 2018, pursuant to the order of lease registration (hereinafter “instant right to lease”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. We examine the legitimacy of the plaintiffs' claim on the merits ex officio.

The plaintiffs claim that the lease deposit was fully refunded to the defendant and seek cancellation of the lease registration of this case as the principal lawsuit.

The right to file an application for the right to file an application for the right to file an application for the right to file an application for the right to file an application for the right to file an application for the right to file an application for the right to file an application for the right to file an application for the right to file an application for the right to file an application for the right to file an application for the right to file an application for the right to file an application for the right to file an application for the right to file an application, and then the right to file an application for the right to file an application for the right

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