건물명도(인도)
1. The plaintiff's claim against the defendant B is dismissed.
2. Defendant C:
(a) Attached real estate.
1. Basic facts
가. 당사자의 지위 등 1) 원고는 D의 여동생이고, E은 D의 아들이다. 2) 피고 B는 피고 C의 작은 처남댁이고, F은 피고 B의 남편이며, G은 피고 B의 시누이이자 피고 C의 처이다.
3) D: (a) a person who runs a business of building and selling the instant commercial building; (b) completed the registration of ownership preservation on July 28, 2015; and (c) on July 31, 2015, the Plaintiff completed the registration of ownership transfer on the instant commercial building on the grounds of sale; (d) Defendant C was delegated with the duties of tax accounting agent, etc. from D around June 2015; and (e) operated franchise restaurants, such as Hdong stores and I Busan Busan Franc stores.
B. As to the operation of a small-scale restaurant in the instant commercial building, D’s joint investment contract, a partnership contract, and a lease contract: (a) as to the operation of a small-scale restaurant in the instant commercial building, D’s investment 2/3 of its investment amount; and (b) Defendant C’s operation of restaurant; and (c) loss or profit-making 50% of its total investment amount; and (d) Defendant C’s joint investment contract under the name of Defendant C to pay its investment amount to D within one year and six months from the date of the contract (hereinafter “instant initial joint investment contract”).
(2) Around March 2016, the instant commercial building was drafted on May 16, 2016. (2) The instant commercial building was drafted on March 16, 2016 by setting the investment amount of KRW 50,00,000 (Plaintiffs 33.3% equity, E3.3%, and Defendant B 3.4% equity), and the same business contract in the name of Plaintiff, E, and Defendant B (hereinafter “instant business contract”).
3) As to the instant commercial building, the lease agreement under the name of the Plaintiff, the lessee, the Nonparty B, and two others, the lease deposit of KRW 50,000,00,00 from July 5, 2016, the lease term of KRW 36 months from July 5, 2016, the monthly rent of KRW 10,000,000 (hereinafter “instant lease agreement”).
(4) On May 26, 2016, the Plaintiff, E, and Defendant B were drafted on May 26, 2016, respectively.