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(영문) 전주지방법원 2015.03.20 2013가단45848
소유권이전등기말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 30, 2009, the Plaintiff concluded a lease agreement with E to set lease deposit amount to KRW 20,000,000, monthly rent, KRW 2,900,000, and the lease term from January 30, 2009 to January 30, 201 (hereinafter “the first lease agreement”). From around that time, the Plaintiff operated the “ISS” (hereinafter “the instant first lease agreement”).

B. On February 13, 201, the Plaintiff concluded a lease contract with the instant building and its lease deposit amounting to KRW 33,00,000,000, monthly rent, KRW 2,90,000, and the lease term from February 13, 2011 to February 13, 2016 (hereinafter “instant secondary lease contract”). The Plaintiff concluded a lease contract with the terms of the lease deposit amounting to KRW 33,00,00,000, including the instant building and the instant building and the instant building, including the said capital, liquor, and storage tank (hereinafter “instant lease contract”).

C. On November 4, 2013, E completed the registration of ownership transfer (the shares of Defendant B B80/100, Defendants C, and D 10/100 shares; hereinafter “instant registration of ownership transfer”) in the name of Defendant C and D, who are the wife, due to the gift made on October 17, 2013 (hereinafter “instant gift contract”) as to each of the real estate listed in the separate sheet (hereinafter “instant real estate”).

The Defendants asserted against the Plaintiff on December 20, 2013 that they were the co-owners of the instant building and were assigned the claim for overdue rent under the instant secondary lease agreement from E, and that they occupied and used the instant building without title, and that the Plaintiff occupied and used the instant building without title, and that there was unjust enrichment equivalent to the rent by the date of delivery and delivery of the instant building.

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