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(영문) 대전지방법원 2013.10.16 2012가단55270
건물인도 등
Text

1. Defendant G is the Plaintiff:

A. From January 1, 2011 to August 13, 2013, 407,000 won from Defendant K and its related thereto.

Reasons

1. Facts of recognition;

A. M Co., Ltd. (the representative N) obtained from N on July 16, 2003 the registration of ownership transfer on the Daejeon-gu O large 686.9 square meters (hereinafter “instant land”) from N, and carried out new construction of “P apartment” on that ground.

B. On November 20, 2006, the Plaintiff and Q received a successful bid of 1/2 shares of the instant land in the auction procedure for the instant land, and completed the registration of ownership transfer on November 22, 2006, respectively. On June 19, 2007, the Plaintiff and Q completed the registration of ownership transfer on the Plaintiff’s shares of Q, Ro on June 19, 2007, and on June 25, 2007, the registration of ownership transfer was completed 1/4 shares in Q, the Plaintiff, Austria, respectively.

C. Around November 2008, the Plaintiff: (a) sold the instant land at KRW 1150 million to T, but at KRW 150,000,000 to T; (b) upon completion of construction of a new construction of “P apartment” on the instant land; and (c) agreed to pay the purchase price by receiving a loan as security; and (d) on the same day, the Notarial Deed was drafted to the effect that “T borrowed KRW 1.15 million from the Plaintiff.”

The Plaintiff and T agreed to change the name of the owner of “P apartment” under the name of the Construction Co., Ltd. in the name of the Construction Co., Ltd. in the name of N in the name of Defendant K, which is the wife of N, and accordingly, on December 1, 2008, the name of the owner of the said new building was changed to Defendant K in the name of the owner of the said new building, and Defendant K lent the said owner to T in addition, the Plaintiff issued a written confirmation confirming that there is no right and authority for the new building.

E. T received a loan from a person who has obtained a comprehensive construction business license necessary for the construction of the “P apartment” and reported the construction work contractor to the competent authority.

F. On January 19, 2009, the Plaintiff and T&A shall have the name of the owner of “P apartment” as the Plaintiff’s husband in order to secure the amount of KRW 1150,000,000 on the said notarial deed in the name of U and two Defendant K.

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