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(영문) 인천지방법원 2017.07.07 2016가합53769

건물명도

Text

1. Defendant C received KRW 200,000,000 from the Plaintiff, and at the same time, indicated in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. On November 30, 2012, the Plaintiff entered into a sales contract with Defendant B to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 1,040,000 (hereinafter “instant sales contract”) and paid KRW 100,000,000 to Defendant B on the same day, and the payment of KRW 940,000,00 for the remainder amount to KRW 200,000,000 for each of the instant real estate to Defendant B as the lease deposit amount to KRW 200,000,000 for each of the instant real estate to be leased to Defendant B, and the remainder to be paid KRW 60,00,000 for each of the instant real estate to the Plaintiff as collateral, ③ the remainder to be paid KRW 140,00,000,000 for each of the instant real estate with KRW 40,500,000,000 for each of the instant real estate purchased by the Plaintiff as collateral.

B. On November 30, 2012, the Plaintiff entered into a lease agreement with Defendant C, the spouse of Defendant B, with respect to each of the instant real estate, with the terms of KRW 200,000,000, monthly rent of KRW 1,500,000, and the term of lease of KRW 24 months (hereinafter “instant lease agreement”).

C. Around December 10, 2012, the Plaintiff completed the registration of ownership transfer based on sale on November 30, 2012 with respect to each of the instant real estate.

Defendant C engaged in wholesale and retail business with the trade name of D points in each of the instant real estate; (3), unlike the foregoing special terms and conditions, Defendant C paid KRW 6,00,000,000 to the Plaintiff each monthly purchase from the Plaintiff; and (4) deposited the monthly purchase from the Plaintiff; (7) monthly rent of KRW 1,50,000 (7 installments) from January 11, 2013 to July 14, 2013; and (1,650,000 each month from August 12, 2013 to December 15, 2014 (17 installments); and (50,000 won were paid each month from January 14, 2015 to December 15, 2015. < Amended by Act No. 13203, Mar. 3, 2015>