logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.05.23 2016나4721
보관료등
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff received 2009Gahap2957 from the Plaintiff as a leisure branch of Suwon District Court with Defendant B, and at the same time received 40 million won from the Plaintiff, the Plaintiff is a building of 1201m2 and 1201m2 and above ground religious assembly site of Gyeonggi-gu (hereinafter “instant real estate”).

(2) On June 24, 2010, Defendant B filed a lawsuit seeking delivery of the instant real estate and filed a counterclaim seeking confirmation of the existence of the right to lease and payment of the amount of KRW 146,226,00 and the amount of delay damages therefor. (2) On June 24, 2010, the above court rendered a judgment that “Defendant B shall deliver the instant real estate to the Plaintiff at the same time with the payment of KRW 146,226,00 from the Plaintiff, and the Plaintiff shall pay KRW 146,26,00 to the Defendant B at the same time with the delivery of the instant real estate from the Defendant B,” and the Plaintiff appealed as Seoul High Court Decision 2010Na63777 (main claim), 2010 or 63784 (Counterclaim).

3) On February 9, 2011, the above appellate court accepted part of the Plaintiff’s appeal, and dismissed Defendant B’s counterclaim claim against the said appellate court on the following grounds: “Defendant B received KRW 40 million from the Plaintiff, and at the same time, handed over the instant real estate from the Plaintiff.” (4) Defendant B appealed with Supreme Court Decision 2011Da25114 (principal lawsuit) and 201Da25121 (Counterclaim), but the said appellate judgment became final and conclusive on August 25, 2011.

B. 1) The Plaintiff filed a lawsuit against the Defendant C, etc. seeking delivery of the instant real estate under the Suwon District Court Branch 2012Kadan1015, and on January 8, 2013, the said court rendered a judgment ordering the Defendant C, etc. to deliver the instant real estate to each of the Plaintiff on January 8, 2013. As to this, the Defendant C, etc. appealed with Suwon District Court 2013Na5753, but the said appellate court rendered a judgment dismissing the appeal by the Defendant C, etc. on July 4, 2013.

3. As to the above appellate judgment, Defendant C, etc.

arrow