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(영문) 부산지방법원동부지원 2020.11.12 2019가합105695
토지인도 등 청구의 소
Text

1. Defendant C Co. received KRW 550,000,000 from the Plaintiff at the same time, and simultaneously received from the Plaintiff:

A. Defendant B.

Reasons

1. Facts of recognition;

A. With respect to the land listed in the separate sheet No. 1 (hereinafter “instant land”), around 2005, each registration of ownership transfer was completed with respect to the share No. 4/11 in the Plaintiff’s name, and with respect to the share No. 3. 635/11 in the name of D, with respect to the share No. 3. 365/11 in the name of E.

B. On June 1, 2005, Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a lease agreement with each of the instant land for the purpose of owning the ownership of KRW 3.365/11 of the instant land in KRW 230,00,000,000, and KRW 270,000,000, and KRW 3.635/11 of the instant land in KRW 50,00,000, and KRW 3.365/11 of the instant land in KRW 230,00,000, and KRW 230,000 (hereinafter “each of the instant lease agreements”). Accordingly, Defendant C paid the Plaintiff the lease deposit with KRW 270,00,00,00, and KRW 500,000,000, and KRW 300,000, E0,000, and KRW 300,00,00.

C. Since then, the instant lease agreement was continuously renewed implicitly, and Defendant C newly constructed a building listed in attached Table 2 (hereinafter “instant building”) on the instant land, and completed the registration of ownership preservation of the instant building on April 23, 2019, and on the same day, Defendant B Co., Ltd. (hereinafter “Defendant B”) completed the registration of ownership transfer for the instant building on the grounds of sale, and thereafter, occupied and used the instant building by delivery from Defendant B again.

On the other hand, since September 22, 2017, with respect to the instant land, each registration of ownership transfer has been completed with respect to shares in the Plaintiff’s name as to shares, 46.985/132 shares in D’s name, and 3.365/132 shares in F’s name.

E. On or around July 11, 2018, the Plaintiff impliedly to Defendant C.

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