건물명도
1. All appeals filed against Defendant B, D, E, and Defendant-Counterclaim C are dismissed.
2.In the trial, the trial shall be held.
1. Basic facts
A. A. A) Around 1995, the Plaintiff entered the food house called “L” operated by Defendant B as a customer, and he stored a kind of relationship with Defendant B, and thereafter, the Plaintiff and Defendant B invested their own funds from around 1999 to around 2003 to operate a joint business, such as resale of apartment houses or resale of golf membership. (2) Defendant C, D, and E are children of Defendant B.
B. On December 27, 2001, the Plaintiff completed the registration of ownership preservation on the instant apartment on December 27, 2001, and the Defendants reside in the instant apartment from January 2004 to the present date. 2) On August 21, 2009, the Plaintiff and Defendant C drafted a real estate lease agreement with Defendant C, setting the lease deposit amount of KRW 10 million and KRW 1 million per month of rent, without setting the lease term from the Plaintiff (hereinafter “instant lease agreement”). Unlike the written lease agreement, Defendant C did not pay the Plaintiff the lease deposit.
3) Meanwhile, between February 23, 2004 and October 20, 201, the Defendants: F, G, H, and I are the friendship of M, the children of Defendant B, and G and H are the siblings of G, and I seems to be the seat of Defendant B. In the name of Defendant C, Korea Bank Co., Ltd., Ltd., the Plaintiff’s mother (hereinafter “Korea Bank”) under the name of Defendant C.
(C) On October 29, 2003, Defendant C transferred KRW 100,000 per month to the deposit account. (c) On November 26, 2003, the registration of initial ownership was completed with respect to the loan of this case, and on November 26, 2003, the establishment of a mortgage (hereinafter “the initial registration of collateral security”) was completed with respect to the loan of this case with the maximum debt amount of KRW 480,000,000,000,000,000,000,000,000 won, and the debtor C-mortgage and Han Bank Co., Ltd. (hereinafter “one bank”).
2. Defendant C and the Plaintiff raise objection from Defendant C around March 10, 2004 by the Plaintiff.