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(영문) 수원지방법원 2017.10.26 2017가단6036
전세권설정등기말소등기
Text

1. On December 19, 2013, the Defendant: (a) on the real estate stated in the attached list to the Plaintiff, the Suwon District Court Seosung registry office.

Reasons

1. Facts of recognition;

A. On July 29, 2002, the Defendant entered into a lease agreement with Daeg Construction Co., Ltd. (hereinafter “Mag Construction”), with the effect that the Defendant would lease the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by Daeg Construction from Daeg Construction with the lease deposit amount of KRW 35,000,000, monthly rent of KRW 325,000, monthly rent of KRW 325,000, and the lease term of November 30, 2003 to November 29, 2014 (hereinafter “instant lease agreement”).

B. Based on the instant lease agreement, the registration of the establishment of the right to lease on a deposit basis as stated in Paragraph (1) of this Article (hereinafter “registration of lease on a deposit basis”) was completed from November 30, 2003 to November 29, 2014 regarding the instant real estate based on the instant lease agreement.

C. The Ria Development Co., Ltd. (hereinafter “Lichi Development”) purchased the instant real estate from the Gwangju Construction on August 4, 2016, and completed the registration of ownership transfer on August 26, 2016. The Plaintiff purchased the instant real estate from the Ria Development on January 13, 2017 and completed the registration of ownership transfer on January 16, 2017.

Meanwhile, the instant lease contract was renewed several times to increase the lease deposit, and on September 29, 2016, the lease deposit amount was KRW 60,340,000 when the instant lease contract was terminated between the Defendant and the Lian Development, who was the owner of the instant real estate.

E. On September 29, 2016, the Defendant and the rival Development settled the lease deposit upon termination of the instant lease agreement. At the time, the refund was KRW 60,550,000 in total, including KRW 60,340,000 in lease deposit and KRW 210,000 in management expenses for players, and the mutual aid amount was KRW 25,310,70 in arrears due to the delayed payment of the lease deposit when the instant lease is renewed, and the amount of the mutual aid amount was settled as KRW 27,714,780 in total, KRW 27,524,520 in lease deposit to the Defendant.

F. The interest development is 10,000 among the lease deposit settled on November 1, 2016 to the Defendant.

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