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(영문) 서울남부지방법원 2019.06.13 2018가단19082

보관금반환

Text

1. The Defendant’s KRW 35,77,730 as well as the Plaintiff’s annual rate from October 5, 2018 to June 13, 2019.

Reasons

1. Basic facts

A. In the case of Kimpo-si owned D, E-si, E-si, 27 square meters of forest land, 194 square meters of forest land, G 832 square meters of forest land (current land category is changed to “road”), 272 square meters of forest land (current land category is changed to “road”), 1262 square meters of forest land (current land category is changed to “146 square meters,” and the area of F forest land is changed to “1456 square meters,” respectively), J forest 402 square meters of forest (current land category is changed to “the land category”; current land category is changed to “the land category; hereinafter referred to as “E”), and when referring to each of the land, the entire land is referred to as “the land in this case” in the form of “E”; on April 11, 2013, voluntary auction procedure (Seoul District Court Branch Branch Branch Branch of the Korea District Court”) was commenced; on the ground that the Plaintiff acquired the ownership of the above land by means of voluntary auction procedure.

B. Meanwhile, on the ground of the I and F land, buildings D owned on the D were respectively located on the land, G, and J land (hereinafter referred to as “each building”), and when referring to “I land and F land-based buildings” and collectively, “the instant building” was collectively referred to as “the Plaintiff and the Defendant acquired the ownership of the instant land.” On November 17, 2016, the Plaintiff and the Defendant concluded a contract for the neighboring facility operation with the content that “the Plaintiff invested the Plaintiff’s land and J land, E, F, G land, H land, and its ground buildings, respectively, and Plaintiff 35: Defendant 65.”

hereinafter referred to as the "business partnership agreement of this case" is called the "business partnership agreement of this case"

C. Since November 11, 2016, L, the representative director of the Plaintiff, purchased the I land and F land buildings from D on November 1, 2016, and the Defendant acquired the ownership of G land and J land, respectively, on the same day. Meanwhile, the Defendant on March 22, 2017 as to the I land and F land buildings owned by L.