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(영문) 창원지방법원진주지원 2017.05.12 2016가단7933
전세권설정등기말소
Text

1. The Plaintiff, among each real estate listed in the separate sheet, the shares of Defendant B in 90/616, the shares of Defendant C and D in 60/616, respectively, and the Defendant.

Reasons

1. Indication of the facts of recognition or request;

A. On September 21, 1988, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “each real estate of this case”) from the net I, and completed the registration of ownership transfer on September 29, 198.

B. On September 28, 198, the Plaintiff entered into a contract to establish a right to lease on a deposit basis with the deceased I as to each of the instant real estate. On September 29, 1988, the Plaintiff entered into a contract to establish a right to lease on a deposit basis with the Changwon District Court for the deposit money of KRW 29,00,000,000, duration from September 29, 198 to October 28, 1989; the return date from September 29, 1988 to October 28, 1989; and the registration for establishment of a right to lease on a deposit basis (hereinafter “registration for establishment of a right to lease on a deposit basis”).

C. The deceased I died on January 27, 1989. At the time of the death, the deceased, the wife, and the deceased K, Defendant E, F, G, and H (However, Defendant H is the adoption of the deceased I).

Inheritance shares are 6/22, Defendant G and H, each of whom is a child, 4/22, each of whom is a family heir, and 1/22, and Defendant E and F, each of whom is a female not in the same family register, in accordance with Article 1009 of the former Civil Act (amended by Act No. 4199, Jan. 13, 190).

The deceased JJ died on June 26, 2005, and there was a network K, defendant E, F, and G, a child at the time of death.

Inheritance shares are 1/4 each of the network K, Defendant E, F, and G in accordance with Article 1009 of the Civil Code.

E. The deceased K died on February 6, 2007, and Defendant C and D, the wife, at the time of the death.

Inheritance shares are 3/7, Defendant C, and D, respectively, 2/7.

[Based on the recognition] Defendant C: A without dispute, each entry in Gap evidence Nos. 1 through 6 (including branch numbers in the case of additional serial numbers), the purport of the whole pleadings, defendant B, and D: Article 208(3)3 of the Civil Procedure Act (by service by public notice), defendant E, F, G, and H: Articles 208(3)2 and 150(3) (a) of the Civil Procedure Act

2. According to the above facts of determination as to the cause of the claim, the contract to establish a right to lease on a deposit basis of this case was terminated on October 28, 1989, and thus, the contract is terminated on the plaintiff.

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