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(영문) 의정부지방법원고양지원 2015.04.03 2013가단39318

토지인도 등

Text

1. The defendant received KRW 2 million from the plaintiff at the same time as the plaintiff received the payment from the plaintiff,

A. The answer C, 264m2, Goyang-gu, Soyang-gu.

Reasons

1. Basic facts

A. On June 6, 2013, the Plaintiff entered into a real estate lease agreement with the Defendant on a deposit of KRW 5 million (in the event of a contract, the balance of KRW 500,000 shall be paid each time on June 17, 2013), monthly rent of KRW 600,000 (payment 16 days), and the period from June 17, 2013 to June 17, 2016 (hereinafter “instant agreement”).

B. After receiving a deposit of KRW 5 million, the Plaintiff handed over the instant land to the Defendant, and the Plaintiff also removed the following parts: (a) indication of the attached drawings indicating 1, (b), (c), and (d) of the containers and plastic houses on the instant land, which are owned by the Plaintiff; and (b) indication of the attached drawings on the containers and plastic houses on the instant land.

C. In concluding the instant contract, the Defendant asserted that the Defendant purchased the instant vinyl from the Plaintiff from the Plaintiff, the lessee of the instant land, but in light of not only the written evidence No. 7 (C’s factual confirmation), but also the circumstances that the Plaintiff delivered the price to D as seen below, the Defendant should be deemed to have purchased the instant vinyl house as D.

Attached Form

In order to prove this, the portion (A) part of a vinyl (a) connected with each point of 1, 2, 3, 9, 8, and 1 in sequence was purchased in KRW 900,000,000 for a vinyl of 1,66 square meters per annum (hereinafter “the instant vinyl”). In order to prove this, the instant contract entered into as the stipulation “as of the special agreement, Dong on June 6, 2013 shall take over KRW 90,00,000”, and the Plaintiff signed thereon on June 7, 2013, and then, the Plaintiff received KRW 90,000 from the Defendant on June 7, 2013, and remitted KRW 90,000 to D on the same day.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 5, 7, 10, 11 (including paper numbers), the whole purport of the pleading

2. Determination

A. The summary of the Plaintiff’s assertion.