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(영문) 대구지방법원 2021.03.05 2020가단9104
건물인도 등
Text

The defendant shall receive 14,00,000 won from the plaintiff, and at the same time, shall acquire real estate listed in the attached Table from the plaintiff.

Reasons

1. Chief;

A. The Plaintiff’s assertion 1) The Plaintiff purchased the instant real estate from Nonparty D, as a regional housing association established to redevelopment the housing units of the relevant region, including the real estate listed in the separate sheet (hereinafter “instant real estate”).

2) On July 20, 201, the Defendant was a lessee who occupied and used the instant real estate after concluding a lease agreement on part of the instant real estate with D on July 20, 2011.

3) On January 4, 2020, the Plaintiff and the Defendant paid 14,000,000 won to the Defendant on the pretext of directors’ expenses and general expenses, and the Defendant decided to deliver the instant real estate by February 29, 2020, and rescinded the agreement on the instant real estate lease.

4) Nevertheless, since the Defendant did not deliver the instant real estate and used the instant real estate without any title after February 1, 2020, the Defendant sought payment of unfair profit equivalent to the monthly rent or monthly rent calculated at the rate of KRW 400,000 per month from February 1, 2020 to the completion date of delivery.

5) Meanwhile, there is a right of lease to the Defendant regarding the instant real estate

Even if the Defendant did not pay monthly forest roads from January 2020 to May 20, 2020, the Defendant’s decision is to terminate the lease contract through the service of the instant warden and to seek the same judgment as the purport of the claim.

B. The defendant's assertion, the plaintiff, the director's expenses, and the plaintiff were paid KRW 14,00,000 and there was no agreement to deliver the real estate of this case, and the defendant's assertion that the certificate certificate No. 4 was mistakenly prepared.

2. According to the evidence evidence No. 1 to No. 4 of the board A, the Defendant received 14,000,000 won from the Plaintiff and, at the same time, decided to deliver the instant real estate from February 29, 2020, and the Defendant from February 1, 2020.

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