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(영문) 수원지방법원 2015.02.12 2014나15108

손해배상(기)

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The defendant is the co-defendant B of the first instance trial and the plaintiff respectively.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by H, and on May 9, 201, the Suwon District Court G opened the auction procedure for real estate.

B. On the other hand, the Defendant concluded a lease contract with H on September 14, 201, setting the lease term of the instant real estate as KRW 24 months from July 14, 201, and KRW 180 million from the lease deposit, and entered into a lease contract with B on October 14, 201, to jointly operate a restaurant in the instant real estate between B and B, but the name of the business operator and the passbook shall be the name of the Defendant, and the expenses and profits therefrom shall be distributed 50% each, and on October 28, 201, the Defendant agreed to distribute the restaurant business under its own name to the competent authority on October 28, 201.

C. On December 21, 2012, the Plaintiff was awarded a successful bid for the instant real estate (including non-city buildings; hereinafter the same shall apply) at the above auction procedure and completed the registration of ownership transfer on the same day. From that time, the Plaintiff began consultations on the transfer of the instant real estate between B and P, who was identified as occupying a restaurant or a private building among the buildings listed in the attached Table No. 2 of the instant real estate and the instant real estate as indicated in the attached Table No. 2.

On January 10, 2013, the Plaintiff received a provisional disposition against Suwon District Court 2012Kadan103203 against B and P on January 10, 2013 on the prohibition of possession transfer of the instant real estate, and completed the enforcement on January 21, 2013.

E. On March 20, 2013, the Plaintiff filed an order for the delivery of the instant real estate with Suwon District Court L L, and P, and received a decision of acceptance from the said court on May 27, 2013, and delivered the L/C part of the buildings listed in attached Table 2 to P by June 10, 2013, and the Plaintiff paid KRW 5 million to P, but the Plaintiff shall be paid KRW 1 million on the date of agreement, and the remainder shall be fulfilled after the obligation for delivery of P is fulfilled.