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(영문) 광주지방법원 2014.12.18 2014가단18099
건물명도 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 23, 2012, Defendant C entered into a lease agreement with each of the following terms: (a) as to the portion of 105.42 square meters in part of the 1st floor of the building on the ship (hereinafter “instant building”) connected each point of F with F’s husband G on March 20, 2012, among the real estate listed in the separate sheet (hereinafter “instant real estate”), which was owned by F and F (hereinafter “instant real estate”); (b), (c), (d), (f), (f), and (c) in sequence, the lease agreement was concluded on March 20, 2012: (a) the deposit amount of KRW 10,000,000; (b) the monthly rent of KRW 20,000; and (c) the lease period of the said real estate from March 20,

(B) Defendant C entered into a provisional contract with the same content as F and G in the name of Defendant D on the same day.

Defendant D, the wife of Defendant C, operates the H Licensed Real Estate Agent Office in the instant building (the business registration on March 20, 2012), and Defendant E-cooperative (the representative I, the business registration on February 5, 2013, and the change from the president I to the president J on May 1, 2014) uses the portion of 16.50 square meters inboard connected with each of the instant buildings as the office (hereinafter “instant office”) listed in the attached list among the instant buildings.

C. On August 29, 2013, the Plaintiffs concluded a sales contract of KRW 131,00,000 for the purchase price for the instant real estate with G, F, and the instant real estate (the date of delivery of real estate was set on October 24, 2013, and the date when there is a tenant as of the remainder date due to a special agreement, the date that the tenant would pay the remainder after excluding the remainder of the deposit of the tenant) and completed the registration of ownership transfer under the names of the Plaintiffs (the respective shares, the transaction price of KRW 1/2,76,00,000) on October 29, 2013.

G notified Defendant C of the conclusion of the instant real estate sales contract around October 2013. Accordingly, around November 14, 2013, the Plaintiff issued a copy of the passbook of Plaintiff A at the H Licensed Real Estate Agent Office to Defendant C or Plaintiff C at the H Licensed Real Estate Agent Office, and paid monthly taxes from October 20, 2013 to Plaintiff A.

E. Since then, the Plaintiff’s account on December 3, 2013 and December 20, 2012, under the name of the Defendant E-Union, and under the name of K (H Licensed Real Estate Agent Office Brokerage Assistant) on February 7, 2014, and under the name of K (H Licensed Real Estate Agent Office Brokerage Assistant).

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