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(영문) 대전지방법원천안지원 2016.01.12 2014가단21515
전세금반환
Text

1. The Defendant (Counterclaim Plaintiff) pays KRW 100,000,000 to the Plaintiff (Counterclaim Defendant).

2. The remainder of the plaintiff (Counterclaim defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1.The following facts of recognition are not disputed between the parties, or may be acknowledged in Gap evidence No. 1 by integrating the purport of the entire pleadings:

C On September 3, 2003, with respect to the building of this case owned by the Plaintiff and the Plaintiff at the time, the Plaintiff concluded a contract to establish a right to lease on a deposit basis with the amount of KRW 100,000 on a deposit basis until September 2, 2005, and completed the registration of the establishment of the right to lease on a deposit basis.

B. After that, on September 15, 2003, C sold a building indicated in the attached Form to D, and completed the registration of ownership transfer as of October 15, 2003 by the Incheon District Court No. 12960, Oct. 15, 2003. D sold the above building to the Defendant, who is the mother of C, on August 31, 2010, and completed the registration of ownership transfer as of September 17, 2010 by reason of the sale.

2. Determination on the main claim

A. Legal principles 1) The right to lease on a deposit basis under the Civil Act, which has completed the registration of the establishment of a right to lease on a deposit basis, combines both the nature of the right to lease on a deposit basis and the nature of the right to lease on a deposit basis. If the duration of the right to lease on a deposit basis expires, the right to lease on a deposit basis naturally extinguishs without cancellation of the registration of the right to lease on a deposit basis, and continues to have the effect of the registration of the right to lease until the right to lease on a deposit basis is returned within the scope of the right to guarantee the right to lease on a deposit basis (see, e.g., Supreme Court Decision 2003Da35659, Mar. 25, 2005).

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