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(영문) 창원지방법원 2020.04.23 2019나54419

건물명도(인도)

Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded and reduced in the trial, shall be modified as follows.

Reasons

1. Facts of recognition;

A. The relationship between H and Defendant B 1) F Co., Ltd., the representative director of which H is the F Co., Ltd. (former trade name: G Co., Ltd.; hereinafter “Nonindicted Company”).

the separate list owned by the Defendant B around September 2008

1. After leasing real estate (hereinafter “instant massage practice center”) without a deposit in monthly rent of KRW 5,00,000 (payment on April 20, 201, and surtax separate), the lease contract was renewed several times, and the monthly rent was reduced to KRW 4,50,000 on April 19, 2013, and KRW 4,000,000 on January 20, 2015, respectively.

2) Meanwhile, the non-party company filed an application for a payment order against Defendant B seeking a loan of KRW 10,000,000 and delayed payment damages with the Changwon District Court Decision 2009Da570, Nam-si, Seoul District Court (hereinafter “instant payment order order”) to determine the payment order (hereinafter “instant payment order”).

(3) On June 14, 2017, Nonparty Company requested the Changwon District Court to issue a seizure and collection order against Defendant B’s deposit claims against Defendant B, with the claim claim amounting to KRW 30,149,271 based on the original copy of the above payment order and KRW 30,149,271.

(2017TT No. 4753). 4 On June 30, 2017, Defendant B remitted KRW 30 million to H’s account, and the seizure of the said claim was terminated around that time.

B. The relevant Defendant D from H and Defendant D is indicated in the separate sheet owned by H from H on February 8, 2017 to H in the name of H

2. On March 31, 2019, a real estate (hereinafter “instant singing”) leased a lease deposit of KRW 10,000,000, and rent of KRW 3,000,00 (excluding the payment on the 18th day of each month, and the value added tax), and operated a singing room business.

C. A’s notification of the acquisition of ownership and the transfer of ownership 1) A purchased each real estate listed in the separate sheet from Nonparty Company and H, and completed the registration of ownership transfer on November 17, 2017. (2) On November 17, 2017, Nonparty Company is in arrears worth KRW 67 million against Defendant B to the Plaintiff.