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(영문) 인천지방법원부천지원 2014.11.28 2014가단30478

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

(b) 7,3960,000 won and from July 25, 2014.

Reasons

1. Facts of recognition;

A. From around 2002, the Defendant agreed to pay KRW 1.3 billion as dividends, along with redemption of principal, after receiving an investment of KRW 1.3 billion from C.

B. As the Defendant failed to refund dividends of KRW 600 million out of the investment amount agreed upon to C (hereinafter the above obligation to return KRW 600 million), each of the real estate listed in the separate sheet in the name of D and E (hereinafter the “each of the instant real estate”) was held by C, under the Plaintiff’s name, and the first floor No. 107 and No. 108 (hereinafter the “Non-Party’s real estate, etc.”) of the Non-Party’s own ownership transfer registration (hereinafter the “each of the instant real estate”).

As above, the Defendant agreed to settle the difference between C and the debt of this case and the value of each real estate of this case upon completing each registration of transfer of ownership of this case, or to dispose of the real estate of this case by either transferring the ownership of each real estate of this case or by the method designated by the Defendant when the Defendant fully

(hereinafter referred to as “instant agreement”). C.

After completing the registration of ownership transfer of each of the instant real estate from May 2003 to April 20, 2006, the Plaintiff and G obtained the rent of KRW 6.5 million per month from May 2003 to the third party. From January 2007, the Plaintiff and G began to receive KRW 5 million per month from the Defendant and the Defendant’s wife.

On August 6, 2009, the Plaintiff entered into a lease agreement with the Defendant and the instant real estate from August 6, 2009 to May 31, 2014 (hereinafter “the instant lease”). From August 6, 2009, the Plaintiff received KRW 1.5 million per month from the Defendant as the monthly rent for each of the instant real estate.