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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Defendant asserted that the Plaintiff leased the instant building from the Plaintiff, which caused a dispute over the scope of return of the lease deposit, etc., and set up a registration of housing lease as stated in the purport of the claim as KRW 1.7 million.
The Defendant filed a lawsuit against the Plaintiff seeking the return of the deposit and rendered a final and conclusive judgment on May 31, 2016 (Seoul Central District Court 2015Na5454) that the Plaintiff paid KRW 813,964, which is its amount on May 17, 2016.
The defendant who has received all of the deposits shall cancel the registration of housing lease.
2. Where the lease registration has been made pursuant to the order of lease registration by the court of ex officio judgment as to the legitimacy of a lawsuit, the lessor shall file an objection or an application for cancellation on the decision of the order of lease registration and obtain a judgment revoking the above decision from the court, and submit the authentic copy of the written judgment to the executive agency for cancellation of the execution in order to cancel the registration;
(see Article 3-3(3) of the Housing Lease Protection Act and Article 280 of the Civil Execution Act). Therefore, a lessor may file a claim for cancellation of the lease registration only by filing an objection or filing an application for cancellation of the decision on the order of lease registration prepared as above. Therefore, a lawsuit claiming cancellation of the lease registration against the lessee is unlawful because there is no benefit of
However, according to the statement in Gap evidence No. 1, the defendant, on October 30, 2014, received the order of lease registration from the Seoul Central District Court to 2014Kadan6263, and completed the registration of housing lease on November 5, 2014.
As seen earlier, the Plaintiff may file an application for cancellation of the decision on the order of lease registration on the ground that the deposit was paid in full, and may cancel the registration of lease by making a decision accordingly, and may request the Defendant, who is the lessee, to cancel the registration.