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(영문) 창원지방법원마산지원 2017.12.12 2017가단100744

건물명도(인도)

Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Facts of recognition;

A. Defendant B married with E on January 8, 2002 under the status of Defendant B’s husband and wife D.

B. On November 29, 2011, the Plaintiff (E) purchased buildings, etc. listed in the separate sheet (hereinafter “instant building”).

Defendant B and E partially borne the expenses (the interest on the Plaintiff’s loan was paid in lieu of the interest on the Plaintiff’s loan for about 30 months thereafter), and the building of this case was extended and repaired, and the “F” was operated at a certain point (hereinafter “instant Section”).

(However, the name of the business operator was the plaintiff).

On December 12, 2011, the Plaintiff drafted a testamentary document stating that “The instant building, etc. is bequeathed to E” (hereinafter “instant authentic document”). D.

Afterwards, from around 2013, the Plaintiff and Defendant B began to fall back, and around March 11, 2013, Defendant B and E received two copies of the loan certificate of KRW 50 million from the Plaintiff to D and G (E’s children) (hereinafter “each of the instant loan certificates”).

In addition, on the same day, E prepared to the Plaintiff a letter to the effect that “The respective loan certificates of this case are quid pro quo for the purchase of this case and the construction cost per law, so it shall not be paid at the same rate when it is deemed without any justifiable reason (hereinafter “each letter of this case”).

E. On July 8, 2014, D and G concluded a transfer agreement with the effect that “G’s credit (the above KRW 50 million) against the Plaintiff is transferred to D,” and notified the Plaintiff around that time.

F. On September 19, 2014, the Plaintiff reported the closure of business as to the instant Section, and E had registered its business again on the same day.

G. Defendant B and E have been divorced according to the final decision on August 28, 2015 to recommend reconciliation.

H. Meanwhile, D brought a lawsuit against the Plaintiff seeking payment of the sum of KRW 100 million stated in each of the instant loan certificates.