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Reasons
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(영문) 대구지방법원상주지원 2015.11.26 2014가합464
토지인도 등
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1. Defendant (Counterclaim Plaintiff) B, Defendant C, and E are jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 126,332,132, and one of them is 108,59.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. 1) The Plaintiff is the owner of the instant real estate. 2) Based on Defendant B, Defendant C is the wife, Defendant D is the son, and Defendant E is the son.

3) Meanwhile, from the beginning of 2001 to the closing date of the instant argument, Defendant B, who operates a landscaped company H, has occupied the instant real estate by piling pine trees and booms on the instant real estate surface. (B) The Plaintiff, around early 2001, leased the instant real estate to Defendant B and the Defendant B with a term of seven years of lease and seven million won of annual rent, but entered into a lease agreement with the total rent of KRW 49 million to be paid in a lump sum, and around that time, transferred the said real estate.

In addition, between December 6, 2001 and December 31, 2001, Defendant B paid to the Plaintiff the sum of KRW 45 million as the rent three times from December 6, 2001.

2) Thereafter, on January 3, 2002, the Plaintiff sold the instant real estate to Defendant B and the Defendant B for KRW 200 million, but the down payment of KRW 50 million is KRW 50 million at the time of the contract; the first intermediate payment of KRW 50 million on December 31, 2002; and the second intermediate payment of KRW 50 million on December 31, 2003; and the remainder of KRW 50 million on December 31, 2003 (hereinafter “instant sales contract”). The sales contract of this case is to be paid respectively on December 31, 2004 (hereinafter “instant sales contract”).

(3) On April 1, 2002, the Plaintiff loaned KRW 20 million to Defendant B on April 1, 2002, at an interest rate of KRW 20 million, and on February 1, 2003 (Evidence 11. B) the Plaintiff borrowed KRW 45 million from the point of the branch of the Agricultural Cooperatives, Seoul, Seoul, on April 26, 2002.

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