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(영문) 수원지방법원 2016.09.22 2012가합4551
건물인도등
Text

1. All claims filed by the Plaintiff (Appointed Party) and the Appointed C are dismissed.

2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The plaintiff (appointed party, hereinafter referred to as "the plaintiff") and the selected C are married couple.

On May 6, 2011, the Plaintiff and the Selection C (hereinafter collectively referred to as “Plaintiffs”) newly constructed a sectioned building listed in the separate sheet No. 2 (hereinafter referred to as “instant building”) and completed registration of ownership as co-owners, and completed registration of ownership transfer on the same day with respect to the remainder of the building except subparagraph 201 among the instant building on the same day.

B. From July 13, 2011, the Plaintiffs operated the Mat (hereinafter “instant Et”) with the trade name “D” from around July 101, 201, but the Plaintiffs did not have much experience in the distribution business and had less sales performance than expected.

Accordingly, the Plaintiff listened to the statement that the Defendant, who was aware of the fact that the Appointor C was attending a graduate school and became aware of the course, was operating the marina in E, and recommended the Defendant to be a person who can work as the occupant of the instant marina.

The defendant gave advice to the plaintiffs regarding the management of Mart by recommending F to the point of occupation.

C. On August 12, 201, the Plaintiffs borrowed a total of KRW 500 million (hereinafter “the instant loan”) KRW 100 million under the pretext of personal use of the Plaintiffs on August 19, 201, without setting the due date for repayment, from August 12, 201.

On August 23, 2011, Lhee Construction Co., Ltd., the contractor of the instant building, provisionally attached all plaintiffs' deposit claims on the account of the National Bank in the name of the plaintiffs, including the business owner's account in the name of the business owner related to the instant marina.

E. On September 5, 2011, the Plaintiffs and the Defendant drafted a lease agreement containing the following (However, the date of its preparation was recorded retrospectively as of August 12, 201), and on the same day, the Defendant drafted a written confirmation containing the following matters:

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