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(영문) 대전지방법원 2017.08.18 2016나103888
전세권설정등기 말소 등
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants are listed in the separate sheet to the Plaintiff’s succeeding Intervenor.

Reasons

Basic Facts

D On February 14, 2011, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), D registered for the establishment of chonsegwon (hereinafter “registration for the establishment of chonsegwon”) with respect to the lease on a deposit basis as well as the lease on a deposit basis as of February 1, 201 and from February 28, 2011 to February 28, 2012 with respect to the lease on a deposit basis (hereinafter “instant lease on a deposit basis”) as to the lease on a deposit basis as of February 14, 2011.

B. After that, on February 28, 2013, A entered into a lease on a deposit basis with F to transfer to F all the rights and obligations pursuant to the instant lease on a deposit basis and the relevant underlying contract, and accordingly, A completed the registration of lease on a deposit basis (12001) on February 28, 2013.

C. Meanwhile, the instant real estate was owned by D, and the registration of ownership transfer was completed in the Plaintiff’s name on November 26, 2012 due to the trust on November 26, 2012, and the registration of ownership transfer was completed in the name of D on August 8, 2013 due to the reversion of trust property.

In addition, the registration of ownership transfer was completed in the name of G due to the sale on the same day, and the registration of ownership transfer was completed in the name of the plaintiff on the same day.

On November 8, 2016, the Plaintiff’s succeeding intervenor completed the registration of ownership transfer based on sale and purchase of the instant real estate from the Plaintiff.

The F died on November 25, 2014 (hereinafter “the network F”), and the Defendants jointly inherited the deceased’s property.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 5, 7 through 9 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1, and Eul evidence Nos. 1, the plaintiff's assertion as to the purport of the whole pleadings, and the plaintiff's assertion as to the judgment as to the purport of the whole, the right to lease on a deposit basis was extinguished by receiving a full return of KRW 25,00,000 from G on February 28, 2013.

However, the Deceased has already been secured by A to secure the loans of KRW 25,000,000 against G.

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