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(영문) 서울중앙지방법원 2016.03.18 2015가단5283942
전세권설정등기말소등
Text

1. Defendant Lone Star Sports Co., Ltd.:

A. The bankruptcy trustee of the Plaintiff Bankrupt Korea Savings Bank Corporation.

Reasons

1. Basic facts

A. On December 6, 2011, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant Lone Star Sports Co., Ltd., with a term of KRW 200 million, monthly rent of KRW 6.6 million, and the term of lease from May 11, 201 to May 10, 2016, under which each of the real estates listed in the separate sheet owned (hereinafter “each of the instant real estates”) was leased to Defendant Lone Star Sports (hereinafter “instant lease agreement”). Around that time, the Plaintiffs transferred the instant real estate to the Defendant and received KRW 200 million from Defendant Lone Star Sports.

B. On May 4, 2012, in order to secure the return of the above lease deposit, the Plaintiffs completed the registration of the establishment of a right to lease on a deposit basis (hereinafter “registration of the right to lease on a deposit basis”) for each of the instant real estate by KRW 200 million, its duration by May 10, 2016, and Defendant Lone Star Sports with the right to lease on a deposit basis.

C. On October 25, 2013, Defendant Seoul Guarantee Insurance Co., Ltd. received the Seoul Southern District Court’s provisional attachment order No. 2013Kadan9597 regarding Defendant Lone Star Sports’s right to claim the return of the deposit for lease on a deposit basis on each real estate listed in the separate sheet No. 1 through (3) on October 25, 2013, and upon the court’s request, the registration of provisional attachment against the right to lease on a deposit basis was completed as of December 4, 2013 as of the registry office of Sungnam branch branch branch of Suwon District Court’s

On October 17, 2013, Defendant A received a provisional attachment order of Suwon District Court 2013Kadan4260 regarding Defendant Lone Star Sports's right to claim the return of the deposit money for Defendant Lone Star Sports's lease on the attached list No. 3 on October 17, 2013, and the provisional attachment registration of obligation for lease on a deposit basis was completed on October 21, 2013 at the request of the court.

E. Meanwhile, as Defendant Lone Star Sports did not pay the rent under the instant lease agreement, the Plaintiffs were supported by the Suwon District Court against Defendant Lone Star Sports.

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