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(영문) 대구지방법원 2015.04.21 2014가단30602
대지인도 및 건물명도
Text

1. The Defendant (Counterclaim Plaintiff) delivered each real estate listed in the separate sheet to the Plaintiff (Counterclaim Defendant).

2...

Reasons

All principal lawsuit and counterclaims shall be deemed to have been filed.

1. Basic facts

A. On October 30, 2012, the Plaintiffs concluded a sales contract on each of the instant real estate listed in the separate sheet with Nonparty D (hereinafter “each of the instant real estate”) and each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and completed the registration of transfer of ownership on December 24, 2012, for each of the instant real estate on December 24, 2012.

(Co-ownership by each 1/2 of the plaintiffs).

On the other hand, the Defendant entered into a lease agreement with Nonparty D on July 1, 2012, which consists of 24 months from July 1, 2012, deposit amount of KRW 30 million, and monthly rent of KRW 400,000.

The terms and conditions of the above lease agreement prohibit Dr.s. from claiming the expenses of directors and incidental expenses if they are sold within two years.

(c) The claim for premium is indicated as “a claim filed against a third party.” Although the building of this case is indicated as a house in the usage column, the building ledger and the register is indicated as “Class II neighborhood living facilities (real estate brokerage office).” The Defendant is using the building of this case as “real estate brokerage office.” The Plaintiffs are trying to purchase and construct a new building, including each real estate of this case. The Plaintiffs, on February 25, 2014, sent to the Defendant a postal certificate stating that “The lease relationship as of June 30, 2014 is terminated and will not be renewed any longer,” and the Defendant received it at that time.

E. On June 21, 2013, Plaintiff A, Defendant A, and Nonparty E drafted the following documents:

(C) E C AFF, and the details and meaning of the preparation

F. On July 2, 2014, the Plaintiffs remitted KRW 30 million to the Defendant on the pretext of returning deposit for the lease of the instant building.

[Ground of recognition] A.

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