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(영문) 수원지방법원 2018.03.29 2017가합1250
전세권설정등기말소등기 및 임대료
Text

1. The part concerning the request for cancellation of the registration of chonsegwon out of the lawsuit in this case shall be dismissed;

2. The defendant 37,613.

Reasons

1. Basic facts

A. On May 23, 201, the Plaintiff entered into a lease agreement with the Defendant to lease each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”) at KRW 250,000,000, and the lease term from June 1, 201 to May 31, 2013 (hereinafter “instant lease agreement”).

B. After receiving KRW 250,000,000 from the Defendant, the Plaintiff handed over the instant building to the Defendant on June 1, 2011. On the same day, the Plaintiff completed the registration of chonsegwon (right to lease on a deposit basis) as the receipt of KRW 52674 on June 1, 201, with respect to the instant building as the Defendant and the deposit money for lease on a deposit basis as KRW 250,000.

C. The Defendant paid KRW 84,470,00 to the Plaintiff as the rent and management expenses from May 23, 2011 to December 24, 2012, but did not pay the subsequent rent and management expenses.

On June 7, 2013, the Defendant filed a counterclaim against the Plaintiff to seek the transfer of the instant building on September 23, 2014 (U.S. District Court Decision 2013Da12054, 2014Gahap11935 (Counterclaim)) due to the termination of the instant lease agreement from April 10, 2015 to April 5, 592, 360 won from the date of delivery of the instant building; and the Plaintiff filed a counterclaim against the Defendant to claim the transfer of the instant building on September 23, 2014 (the instant case) (hereinafter “U.S. District Court Decision 2013Da12054, 2054, 2014da11935, Jul. 13, 2015). The said court cannot be deemed to have obtained the Defendant’s obligation to obtain the remainder of KRW 209,3089,360,279,279,200.

the remaining money after deducting the amount calculated at the rate of this section.

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