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(영문) 대전지방법원홍성지원 2016.09.22 2014가합2072
건물명도
Text

1. As to KRW 62,77,901 among the Plaintiff (Counterclaim Defendant) and its KRW 11,550,000 among the Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) on December 24, 2014.

Reasons

1. Basic facts

A. A. On April 2003, B Co., Ltd. completed the registration of initial ownership relating to the section of exclusive ownership of a building entered in the list of real estate (attached Form) that is an aggregate building consisting of the first underground floor and the fourth floor above the ground (hereinafter “instant building”).

B. On December 2003, the Plaintiff purchased the section of exclusive ownership of the first and third floors underground from among the instant buildings from Co., Ltd. and completed the registration of ownership transfer.

C. On January 3, 2014, the Plaintiff: (a) leased KRW 20 million in lease deposit; (b) KRW 10 million in lease deposit; (c) KRW 10 million in the rent month; and (d) from February 15, 2014 through February 14, 2016, the lease term of KRW 150,000 in lease deposit; and (b) from among the instant building, part of the third floor sports center site (hereinafter “the third floor contract part”) of the instant building (hereinafter “the third floor contract part”), KRW 10,000 in lease deposit; (c) KRW 50,000 in the rent month; and (d) the lease term from February 15, 2014 to February 14, 2016.

(hereinafter “instant lease agreement”). The Defendant paid each of the above lease deposits to the Plaintiff around that time and received delivery of each of the above real estate.

After completing the registration of ownership transfer on June 20, 201, the Defendant borrowed KRW 965 million from the Plaintiff and paid in full the sale price in the discretionary auction procedure for the building No. 401 of the instant building, and completed the registration of ownership transfer on June 20, 2014, the Defendant completed the provisional registration of ownership transfer right and the registration of establishment of a neighboring mortgage on the said real estate in

E. The defendant around that time held consultation with the plaintiff about the purchase of the first or third floor underground of the building of this case, and among the third floor of the building of this case including the part related to the contract of this case and the part related to the purchase of the third floor underground of the building of this case (attached Form 1), one mark 1, 2, 3, 4, 5, 6, and 1 of drawings among the underground of the building of this case (hereinafter "the part related to the non-contract of this case") and the part related to the third floor contract of this case.

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