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(영문) 서울중앙지방법원 2016.01.20 2014가단5286043
관리비
Text

1. The Plaintiff:

A. Defendant B’s KRW 37,268,00 and for this, KRW 20% per annum from December 27, 2014 to September 30, 2015.

Reasons

1. On December 29, 2006, Defendant B entered into a lease agreement with Nonparty C on a deposit of KRW 150 million, monthly rent of KRW 9 million, and 12 months with respect to the real estate indicated on the attached real estate (hereinafter “real estate 1”) with Nonparty C on December 29, 2006, with Defendant B separately paid management expenses and surcharges.

After that, Defendant B entered into a contract with C to purchase KRW 1.165 million on April 6, 2009, and the sales contract entered into as KRW 900 million, and the remainder KRW 265 million on the sales contract shall be substituted by a notarial deed for a loan for consumption, and the remainder of KRW 750 million out of the remainder of KRW 750 million shall be substituted by a notarial deed for a loan for consumption, and the remainder of KRW 625 million shall be the remainder of KRW 750 million, Defendant B shall succeed to the loan interest and the obligation of Han Bank.

D. However, Defendant B did not pay the loan interest, etc. to Han Bank, and C notified that the above sales contract was rescinded, and filed a lawsuit against Defendant B on February 9, 2012 against this Court No. 2012Gahap10497.

On October 29, 2010, C also leased the real estate No. 2 to Defendant B, but on October 19, 201, on the ground that the monthly rent was unpaid, the conciliation of the following was concluded on April 9, 2012 during the litigation.

1. B shall comply with C with the procedure for cancellation of the registration of the provisional right to claim ownership transfer which has been completed with respect to the first real estate;

2.(1)B shall at the same time be paid KRW 50 million by C and simultaneously deliver 2 real estate.

3.(1)B accepts 50 million won from C and simultaneously approves 1 immovable property.

4. C shall be the share of C in all profits accruing from hotel business from the date of delivery of the first and second real estate by C.

5.C withdraws the action against the first real estate related case (Seoul Central District Court 2012 Gohap10497 real estate name map, etc.).

Applicant B transferred all real estate and goodwill to C on September 19, 2012, and the two real estate and goodwill on February 27, 2014.

(v) the remainder of the Defendants shall be in annex.

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