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(영문) 광주지방법원 2015.08.18 2015가단15035
근저당권말소
Text

1. As to the building attached to the Plaintiff, the Defendant received No. 1857, January 3, 2014 from the Gwangju District Court registry office, as to the building attached to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 24, 2013, the Plaintiff entered into a lease agreement with Nonparty C on a lease deposit of KRW 50 million, monthly rent of KRW 4.1 million (excluding value-added tax), and from October 25, 2013 to October 24, 2015 (hereinafter “instant lease agreement”), and handed over the instant building to Nonparty C following day.

B. Meanwhile, in order to secure the return of the lease deposit under the instant lease agreement on October 24, 2013, the Plaintiff and B may request the settlor of chonsegwon to extinguish the right to lease on a deposit basis, and the duration of the right to lease on a deposit basis, from October 25, 2013 to October 24, 2015, in order to ensure the return of the lease deposit under the instant lease agreement, and from October 24, 2015, where the value of the right to lease has been significantly diminished by changing the original form of the instant building without the consent of the settlor of chonsegwon.

(Article 6 of the Contract of Chonsegwon (hereinafter “ Contract of Chonsegwon”) entered into a contract to establish a right to lease on a deposit basis (hereinafter “instant right to lease on a deposit basis”) and completed the registration of the establishment of a right to lease on a deposit basis (hereinafter “C”) on October 30, 2014.

C. On January 3, 2014, C completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring lease on a deposit basis”) under the text of paragraph (1) of this case, the maximum debt amount of which was KRW 50 million in the future against the Defendant regarding the right to lease on a deposit basis, which was completed under one’s name to secure his credit payment claim against the Defendant. However, at the time of the registration of the establishment of a lease on a deposit basis, the Defendant was aware that the right to lease on a deposit basis of this case was to secure

As the Plaintiff did not pay at all the rent stipulated in the instant lease agreement, on May 1, 2014, the Plaintiff terminated the instant lease agreement on the grounds of delinquency in rent, and thereafter, against C, the delivery of the instant building and the period from October 25, 2013.

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