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(영문) 서울중앙지방법원 2015.09.02 2014가합39966
전세권설정등기말소
Text

1. The Defendant’s receipt on January 11, 201 of the Seoul Central District Court’s registration office with respect to the real estate stated in the attached list to the Plaintiff.

Reasons

1. Indication of claim;

A. On November 9, 201, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 300,000,000, monthly rent of KRW 24,750,000 (including value-added tax; hereinafter the same shall apply), monthly management expenses, and the lease period of KRW 1,815,00,00 from December 9, 201 to December 8, 2013 (hereinafter “instant lease agreement”). At that time, the Defendant paid KRW 300,000,000 to the Plaintiff.

B. On January 11, 2012, the Plaintiff: (a) filed for the registration of the establishment of chonsegwon with the Seoul Central District Court on January 11, 2012 (the ground for registration: contract: 300,000,000 won for deposit money; and (b) the lease period: from December 9, 2011 to December 8, 2013; (c) completed the registration of the establishment of chonsegwon with respect to the instant real estate to the Defendant on January 11, 2012 (the “registration of the establishment of chonsegwon”; and (d) the right to lease on a deposit basis was completed.

C. From September 1, 2013, the Defendant did not pay rent and management expenses to the Plaintiff, and did not pay various public charges (electric charges, water supply and sewerage charges, and gas charges) that the Defendant agreed to bear.

(B) The Plaintiff notified the Defendant of the termination of the instant lease agreement in the event that the instant lease agreement was not in arrears for at least three (3) years prior to November 8, 2013, while demanding the Defendant to pay the overdue rent, etc. (hereinafter “the instant overdue rent, etc.”). On December 23, 2013, the Plaintiff notified the Defendant of the termination of the instant lease agreement in the event that the Defendant did not reply to the renewal of the instant lease agreement by December 31, 2013.

The Defendant delivered the instant real estate to the Plaintiff around July 2014.

E. The sum of the instant overdue rent, etc. by July 2014, until the Defendant delivered the instant real estate, is KRW 307,035,540.

F. The Defendant’s instant case to the Plaintiff.

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