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Reasons
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(영문) 제주지방법원 2020.11.30 2019가단59730
전세권설정등기말소 등
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1. The defendant shall receive KRW 88,363,691 from the plaintiff and at the same time real estate stated in the attached Table 1 to the plaintiff.

Reasons

1. Facts of recognition;

A. On December 13, 2016, the Plaintiff entered into a lease agreement with the Defendant, and the Plaintiff’s instant housing owned by the Plaintiff (hereinafter “instant lease agreement”) that leases the instant housing by December 12, 2018, including KRW 100 million, annual rent of KRW 2 million, and the lease period (hereinafter “instant lease agreement”).

B. On December 13, 2016, the Defendant paid KRW 100 million to the Plaintiff. On December 13, 2016, the Defendant completed the registration of the establishment of chonsegwon (hereinafter “registration of the establishment of chonsegwon”) with respect to the instant housing as the Jeju District Court No. 134574, Dec. 13, 2016, which was received on December 13, 2016, with respect to KRW 10 million for lease deposit, and the duration from December 13, 2016 to December 12, 2018.

C. On March 15, 2019, after filing the instant lawsuit, the Plaintiff received a delivery of the key to the entrance door of the instant house from the Defendant, South East Dong-in.

[Ground of recognition] Evidence Nos. 1, 2, Eul's Evidence No. 2, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the instant lease contract was terminated by agreement by receiving the entrance door heat of the instant house from C representing the Defendant on March 15, 2019.

Therefore, as the Plaintiff seeks simultaneous implementation due to the termination of the instant lease agreement, barring any special circumstance, the Defendant is obligated to register cancellation of the registration of chonsegwon completed as of December 13, 2016 by the Jeju District Court No. 134574 with respect to the instant housing at the same time upon receiving payment from the Plaintiff of KRW 86,356,313 (i.e., KRW 100 million from KRW 100,000 to KRW 3,123,287 from December 13, 2017 to July 5, 2019).

B. (1) The rent to be deducted from the claimed lease deposit shall be the amount corresponding to the period from December 13, 2017 to March 14, 2019, and the case sought by the Plaintiff.

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