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(영문) 광주지방법원 2018.02.09 2017가단7274
부동산명도
Text

1. The Defendant shall receive, on January 16, 2012, the Gwangju District Court with respect to each real estate listed in the separate sheet from Nonparty C.

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person established around June 16, 2008 for the purpose of improving the urban and residential environment and contributing to improving the quality of housing for its members by removing buildings within the project implementation district of Gwangju-dong-gu and 367 parcel, building new buildings on the site, and contributing to the improvement of the residential stability and the quality of residential life of its members. The Defendant was a person who was in office as the Plaintiff’s auditor until May 24, 2016.

B. On January 2, 2008, Nonparty C, who was in charge of the chairman of the Promotion Committee of A resource Development, the Plaintiff’s telegraph, entered into a lease contract on a deposit basis with the owner of each real estate listed in the separate sheet for the purpose of using each real estate as the office of the Plaintiff’s association to be established in the future (hereinafter “instant lease contract”). Pursuant to the contract of lease on a deposit basis, on January 3, 2008, Nonparty C paid KRW 100,000,000 for lease on a deposit basis to E in accordance with the contract of lease on a deposit basis. Nonparty C completed the registration of lease on a deposit basis with the Gwangju District Court No. 1567 of Jan. 4, 2008 as to each real estate listed in the separate sheet as the receipt on January 4, 2008, from January 2, 2008 to January 1, 2013, from January 1, 2013;

(hereinafter referred to as “the instant chonsegwon”). C.

Nonparty C was elected as the president of the Plaintiff’s inaugural general meeting held on May 14, 2008, and the Plaintiff used each real estate listed in the separate sheet as the partnership office based on the instant chonsegwon.

Meanwhile, around June 16, 2010, Nonparty C resigned the position of the president of the Plaintiff’s association. On or around January 16, 2012, the Plaintiff concluded a contract for establishing a right to lease on a deposit basis in the name of the Defendant, who was the Plaintiff’s auditor, to avoid compulsory execution. On or around January 16, 2012, the case is “the registration of establishment of a right to lease on a deposit basis (right to lease on a deposit basis) with the Gwangju District Court received KRW 100,000,000 from January 16, 2012, and C and a mortgagee as the Defendant.”

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