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(영문) 대구지방법원 2016.01.21 2015나7556

건물명도 등

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C and D’s partnership business relationship and new construction of the instant loan, etc. (1) on January 202, 2002, after being awarded a successful bid under C’s name after jointly investing in the land of 3,008 square meters and 883 square meters in the two lots of land in the middle-gu, North-gu, North-gu, North-gu, and F.83 square meters, which were known to the general public, and then distributed profits by constructing a new loan on the land. On February 23, 2002, the Daegu District Court completed the registration of ownership transfer on the above two lots of land under C’s name on March 2, 2002, and later divided the two lots of land into three, 3,008 square meters, 3,008 square meters, and 883 square meters, 3,0000 square meters, 1/7,000 square meters on the land, 1/7,000 square meters on the land.

3) However, on or around December 20, 202, the construction permit of Bara was obtained, and thereafter, C shall settle and return the investment funds up to that time, and shall withdraw from the same business. On December 26, 2012, D shall delegate the authority necessary to implement housing projects under the name of Da to D. D shall be paid to C by June 30, 2003, and if delay, it shall be paid by adding damages for delay at the rate of 1% per month (hereinafter “instant agreement”).

4) On December 27, 2002, D completed the registration of ownership transfer under the name of O on the above E, J land under the name of P as to the above E, I, and N land, and completed the registration of ownership transfer under Q Q’s name. On the 30th of the same month, D obtained a construction permit in the name of each of the above land, and completed the said L and M in order to guarantee the obligation of KRW 250 million under the instant agreement.