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(영문) 인천지방법원 2015.01.20 2014가합8222
근저당권말소
Text

1. On September 21, 2012, the Defendant, to the Plaintiffs, on the real estate stated in the separate sheet, shall be deemed to have been registered in the Incheon District Court.

Reasons

1. Facts of recognition;

A. As to the building on the 502 above the 5th 5th 502 above ground among the building on the 3rd Do-dong, Incheon and the 10th 10th above ground (hereinafter “E building”), as of September 12, 2005, the Defendant entered into a lease contract with F and F as of September 12, 2005 by setting the lease deposit of KRW 100 million, monthly rent of KRW 300,000 (excluding value-added tax) and the lease term of KRW 300,000 from September 12, 2005 to September 11, 2007.

Around that time, the Defendant paid the F the lease deposit of KRW 100 million, and operated the “G Outward Department” by being handed over the instant building 502 from F.

After that, on November 15, 2006, F and the defendant increased the lease deposit to KRW 200 million, and entered into a contract to change the rent to KRW 1750,000 per month (excluding value added tax), and the defendant additionally paid KRW 100,000 to F.

B. Meanwhile, the Defendant: (a) transferred the building of this case to the 10th floor to operate the building of this case; (b) concluded a lease contract with F as to the 10th floor of this case; (c) on April 1, 2007, with the lease deposit of KRW 200 million; (d) KRW 8125,00 per month; and (e) from April 1, 2007 to March 31, 2012, concluded a lease contract with the term of lease of KRW 20 million from April 1, 2007 to March 31, 2012; (d) concluded a lease contract as to the 10th floor of this case; (e) on May 27, 2011, with the term of lease of KRW 200 million from June 1, 201 to May 31, 2016.

(hereinafter referred to as the "instant lease contract").

F In order to secure the return of KRW 200,000,000,000,000 to the Defendant on September 21, 2012, for the purpose of securing the repayment of the deposit for lease deposit, F is the registration of the establishment of the right to lease on a deposit basis with the term of KRW 200,000,000,000,000,000,000,000,000,000,000.

d. D.

On the other hand, on September 13, 2012, F sold the instant building to the Plaintiffs, and on November 1, 2012, the Plaintiff.

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