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(영문) 대전지방법원천안지원 2016.02.04 2014가단100906
건물명도
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant-Counterclaim Plaintiff B shall deliver the attached Form 203, No. 23.79 square meters indicated in the attached Form 1 drawings, and on January 2014.

Reasons

Facts of recognition

Land I located in Dong-gu, Chungcheongnam-gu, Dong-gu, Seoul was divided into I, J, K, and L land around November 2009.

M carried out the construction of each unit of a multi-family house on the above J land (hereinafter referred to as "adjacent building") and each unit of a multi-family house on the above K's land (hereinafter referred to as "the instant building").

M, while constructing the instant building, borrowed approximately KRW 400 million from the Plaintiff as construction funds, and completed the registration of ownership transfer of the said K land on December 17, 2010.

M has obtained approval for the use of the instant building on April 26, 2012, and on July 6, 2012, and the Plaintiff completed registration for the preservation of ownership on the instant building on May 9, 2012.

On April 26, 2012, Defendant B entered into a lease agreement with M and M on May 27, 2012 with respect to subparagraph 303 of the neighboring building, but did not obtain approval for the use of the neighboring building, and on May 27, 2012, Defendant B entered into a lease agreement with the Plaintiff by setting a deposit of KRW 25 million and from April 26, 2012 to April 25, 2014 with respect to subparagraph 203 of the instant building (attached Form 1 No. 203).

Defendant B paid the above security deposit to M from April 26, 2012 to the present 203.

Defendant C entered into a lease agreement with M on March 30, 2012 with respect to 204 of the instant building on behalf of the Plaintiff (attached Form 1 No. 204), setting the deposit amount of KRW 25 million and the term of lease from March 30, 2012 to March 29, 2013 (the Defendant C entered into a contract under the name of N that is an infant) on February 19, 2013.

Defendant C paid the above security deposit to M from March 30, 2012 to the present 204.

On June 12, 2012, Defendant D entered into a lease agreement with M on behalf of the Plaintiff on June 12, 2012, with a deposit of 25 million won and the term of lease from June 15, 2012 to February 14, 2013, with respect to 205 of the instant building (attached Form 1 No. 205). The above agreement was concluded against M.

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