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(영문) 대전지방법원 2019.09.25 2018가합1487
전세권설정등기말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 14, 2013, the Defendant entered into a contract to lease on a deposit basis with C Co., Ltd. (hereinafter “C”) and completed the registration of establishment of a right to lease on a deposit basis (hereinafter “right to lease on a deposit basis”) with respect to each of the real estate listed in the separate sheet No. 1 as well as each of the same officetels owned by C for the purpose of using it as a lodging house by Defendant’s employees (hereinafter “each of the instant real estate”) by setting the term of KRW 819,00,000 for total deposit deposit, the term of existence from June 28, 2013 to June 27, 2015 as to each of the instant real estate as set forth in the separate sheet No. 91,000,000 for each of the aforementioned real estate as well as from July 22, 2013.

(hereinafter referred to as "registration of creation of chonsegwon of this case" in the separate sheet No. 2 attached hereto, which is completed for each real estate listed in the separate sheet No. 1 B.

On December 6, 2013, E Co., Ltd. (hereinafter “E bank”) completed the registration of creation of a neighboring real estate worth KRW 1,950,000 with respect to 63 real estate including each of the instant real estate, the establishment of a neighboring mortgage amount of KRW 1,950,000,000, and completed the registration of creation of a neighboring real estate on July 30, 2014 for the said claim security.

C. On February 22, 2017, upon the request for voluntary auction by the E Bank, the voluntary auction procedure for each of the instant real estate was initiated (CF of the Daejeon District Court). Of the instant real estate in the above auction procedure, G is purchased respectively, and the Plaintiff completed the registration of ownership transfer on June 22, 2018.

Meanwhile, the Defendant, a person having the highest priority over each of the instant real estate, did not demand a distribution in the above auction procedure.

[Reasons for Recognition: Evidence A, Evidence Nos. 1, 2, 3, and Eul Nos. 1 and 2 (including each number; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. In the case of the real estate which became the establishment of chonsegwon as to the purport of the Plaintiff’s assertion, the lending of the E Bank is difficult due to the lack of real security power, and each real estate of this case.

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