logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.01.31 2017가합1178
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) pay 70,090,322 Won;

2...

Reasons

1. Basic facts

A. On January 22, 2015, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from C and completed the registration of ownership transfer concerning the instant real estate in the name of the Plaintiff on January 30, 2015 (hereinafter “instant sales contract”).

B. On January 30, 2015, the Defendant leased the instant real estate from the Plaintiff during the lease period of KRW 150,000,000, monthly rent of KRW 11,000,000 (including value-added tax), and from February 1, 2015 to January 30, 2020, to operate a convalescent hospital.

(hereinafter “instant lease agreement”). Meanwhile, the term “a lessee shall take charge of the maintenance and repair of various facilities of a hospital” is included in the terms and conditions of the instant lease agreement.

C. As stipulated in the instant lease agreement, the Defendant paid the Plaintiff KRW 11,00,00 each month from February 2, 2015 to May 2016, 2016, in total, KRW 15,800,000 (i.e., rent for June 2, 2016; KRW 2,000,000 for KRW 1,50,000 for KRW 1,50,000 for August 7, 2016; KRW 1,50,000 for KRW 0,00 for KRW 1,50,000 for KRW 0,00 for KRW 1,50 for KRW 0,00 for KRW 1,50 for KRW 0,00 for KRW 1,50 for KRW 00,00 for KRW 1,00 for KRW 50,00 for KRW 10,500 for KRW 10,000 for KRW 10,016.

On June 2, 2016, the National Health Insurance Corporation filed a lawsuit seeking revocation of fraudulent act (hereinafter “related case”) with the Busan District Court by asserting that the instant sales contract against the Plaintiff ought to be revoked as a fraudulent act. Accordingly, the Plaintiff ought to implement the procedure for cancellation of ownership transfer registration of the instant real estate with respect to restitution to the original state. In the relevant case, the Busan District Court rendered the instant sales contract on April 5, 2017.

arrow