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(영문) 수원지방법원평택지원 2015.10.08 2013가단2189
건물인도 등
Text

1. The Defendant shall pay to Plaintiff A and B KRW 64,890,000 per annum from October 9, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On November 4, 2009, Plaintiff C entered into a construction contract with E to newly construct two buildings on land, other than Pyeongtaek-si G, which is F-owned.

B. On March 17, 2010, the Plaintiff C issued a certificate of authorization for childcare facilities from the head of office office of Pyeongtaek-si, the name of “H childcare center” from the head of office of branch office for the purpose of operating childcare facilities in the building newly constructed pursuant to the said construction contract (hereinafter “instant building”). From that time, the Plaintiff C operated the childcare center from that time.

C. E, upon the Plaintiff’s failure to receive the construction cost from the Plaintiff C, completed the registration of preservation of ownership in the Plaintiff’s name as a method of commissioning the registration of provisional attachment on April 1, 2010 regarding the instant building upon obtaining a decision of provisional attachment of real estate from Sungwon District Court (Seoul Branch Branch Office 2010Kadan50423).

Since then, on June 24, 2010, E sells 4 lots, including Pyeongtaek-si G, and the instant building, to KRW 1.1 billion as the agent of Plaintiff C and F. However, upon entering into a sales contract with the Defendant on June 24, 201, the contract deposit of KRW 150 million out of the remainder of KRW 950 million, 750 million out of the remainder of KRW 950 million, and KRW 100 million on February 28, 2011, and the remainder of KRW 100 million was paid from the Defendant on the date of the contract.

(hereinafter “instant sales contract”). E.

On the other hand, the defendant concluded the sales contract of this case for the purpose of operating a child care center in the building of this case, and around that time, the real estate sales contract alone was insufficient to acquire the authorization of a child care facility from the shoter.

F. Accordingly, the Defendant, on August 24, 2010, to operate a childcare center under delivery of the instant building prior to the outstanding payment date of the instant sales contract, from August 24, 2010 to August 24, 2015, the deposit amount of KRW 50 million for the instant building between Plaintiff C and the Plaintiff C, and the period from August 24, 2010 to May 2

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