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(영문) 서울중앙지방법원 2013.12.12 2013나20419
전세권설정등기말소등기절차이행 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order shall be revoked.

Reasons

1. The reasoning for the court’s explanation on this part is as follows: (a) the Defendant’s life insurance for the Defendant was transferred at the bottom of the judgment of the first instance court 2; (b) the Defendant’s life insurance for the Defendant 3 5 ; and (c) the Defendant’s life insurance for the Defendant 4 4 12 4 4 12 4 4 as “Evidence A 9”; and (d) the corresponding part of the judgment of the first instance (based on the facts of the first instance) is cited pursuant to Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. Since the Plaintiff’s new card claiming the Defendant (the person having the right to lease on deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit money), the person having the right to lease on deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit money was extinguished by sale pursuant to Article 91(4)

Therefore, Defendant B performed the procedure for registration of cancellation on the instant chonsegwon against the Plaintiff, who is the owner of the instant real estate, and the Defendant’s new card and Hanhwa Life, as interested parties who completed the additional registration of seizure on the instant right to lease on a deposit basis, is obligated to accept the procedure for registration of cancellation.

B. Determination 1) Determination 1) The superficies, easement, right to lease on a deposit basis, and registered right to lease on a deposit basis as to the cause of claim shall be extinguished by sale in cases where it is not possible to oppose the claim for provisional seizure, and the superficies, easement, right to lease on a deposit basis, and registered right to lease on a deposit basis other than this case shall be taken over by the purchaser: Provided, That in cases of chonsegwon, if a person having a right to lease on a deposit basis requests a distribution pursuant to Article 88 of the Civil Execution Act, the right to lease on a deposit basis shall be extinguished by sale (Article 91(3) and (4) of the Civil Execution Act, and the right to lease on a deposit basis in this case shall take precedence over the date of registration of the right to lease on a deposit basis

Defendant New Card is against Defendant B on January 2, 2008.

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