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(영문) 광주지방법원순천지원 2015.11.25 2014가단16269
건물명도 등
Text

1. Of the instant lawsuit, the registration of establishment of the right to lease on a deposit basis against Defendant B and Hyundai Capital Co., Ltd. is cancelled.

Reasons

1. Fact-finding (based on recognition), Gap evidence 1 through 4 (including paper numbers), Eul evidence 4, Eul evidence 1, Eul evidence 1, and Eul evidence 1, and the purport of the whole pleadings as to the real estate of this case between defendant Eul and defendant Eul on May 27, 2008, the plaintiff entered into a lease agreement between the defendant Eul as to the lease deposit of this case 10 million won, the rent of 50 million won, the rent of 50 million won, and the lease term from July 12, 2008 to July 11, 2013, and the defendant Eul paid the above lease deposit and acquired the real estate of this case until now.

On January 12, 2011, the Plaintiff entered into a lease agreement with Defendant B, which was concluded between January 12, 201 and the term of lease from January 12, 2012 to January 11, 2016 (hereinafter “lease agreement”) regarding the instant real estate.

On January 18, 2011, the Plaintiff completed the registration of the establishment of chonsegwon (hereinafter “instant chonsegwon”) based on the contract to establish the instant real estate on the same date (the lease on a deposit basis amounting to KRW 120 million, the entire period and duration of the building, from January 12, 2012 to January 11, 2016; hereinafter “instant lease on a deposit basis”).

On January 18, 201, Defendant B entered into a contract on the creation of a right to lease on a deposit basis (the maximum amount of KRW 54 million) with Defendant Hyundai Capital, and completed the registration of the establishment of a right to lease on a deposit basis (hereinafter “registration of the establishment of a right to lease on a deposit basis”). On the same day, Defendant B received 43,475,030 won from Defendant B with the loan principal of the loan loan, KRW 45 million for the loan period, KRW 36 months for the loan period, KRW 7.81% for the loan period, delayed interest rate of KRW 17.81% for the loan, and KRW 17.81% for the loan of this case; hereinafter “the loan of this case”). Defendant C obtained a provisional seizure order of KRW 60,000,000 from Defendant B as the right to preserve the lease on a deposit basis and paid KRW 43,475,030 to the Plaintiff on the deposit of this case as the right to lease on a deposit.

The plaintiff on October 2013.

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