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(영문) 대구지방법원 2015.06.12 2015가단1465
전세권말소등기등
Text

1. The defendant shall receive KRW 5,931,183 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) On January 23, 2013, C: (a) on January 23, 2013, the real estate indicated in the separate sheet with the Defendant (hereinafter “instant real estate”).

(A) Of the retail stores of one story, part of 107.13 square meters (hereinafter “instant building”).

(C) 20,000,000 won (hereinafter “the instant security deposit”) shall apply to the security deposit and deposit for lease on a deposit basis.

() The duration and lease period of chonsegwon is from January 23, 2013 to January 22, 2014, and monthly rent is KRW 1,000,000 (the 22th day of each month of payment, and the 1,000,000). As to the instant real estate, on January 25, 2013, the registration for the establishment of chonsegwon as stipulated in Paragraph (1) of this Article (hereinafter “registration for the establishment of chonsegwon”) is the registration for the establishment of chonsegwon as stipulated in Paragraph (1) of this Article (hereinafter “registration for the establishment of chonsegwon”), and the right to lease acquired by the Defendant by the said registration is the “right to lease”

(2) On January 21, 2013, the Plaintiff entered into a sales contract with C to purchase the instant real estate, and completed the registration of ownership transfer in its name on March 25, 2013.

B. According to the above facts of determination, since the right to lease on a deposit basis of this case ceased to exist on January 22, 2014 due to the expiration of the term of existence, the Defendant is obligated to implement the registration procedure for cancellation of the right to lease on a deposit basis, which was completed with respect to the real estate in this case,

2. Judgment on the defendant's defense

A. The gist of the defense is that the Defendant cannot implement the procedure for registration cancellation of the registration of chonsegwon prior to the refund of KRW 13,000,000, which was obtained by deducting the amount of KRW 7,000 from the Plaintiff the total amount of the rent unpaid by the Defendant from the Plaintiff among the key money for lease on a deposit basis.

B. The fact that the Plaintiff completed the registration of ownership transfer under his/her name on March 25, 2013 regarding the instant real estate is as seen earlier, and the fact that the Defendant completed the transfer of the instant building to the Plaintiff on July 20, 2014 is not a dispute between the parties.

each entry and pleading set forth in subparagraphs 1 and 3 of this paragraph.

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