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(영문) 서울중앙지방법원 2016.01.15 2015가단41297
임대계약무효확인
Text

1. As to the real estate listed in the separate sheet between the plaintiff and the defendant as of January 25, 2005.

Reasons

1. Basic facts

A. On March 28, 2003, the Plaintiff (the Plaintiff’s trade name at the time of the Plaintiff was “C Co., Ltd., but at the present time was changed to “Co., Ltd. A”) newly built a 20-household apartment on the said land (hereinafter “instant apartment”) with J, K, L, M, and N (hereinafter “J, etc.”) holding the said land, and agreed to own 13 households other than 7 households designated by J, etc. from among the instant apartment as payment in kind.

B. On March 12, 2004, K designated the Plaintiff as the number of houses owned by each of its heading 401 of the instant apartment units (hereinafter “the instant apartment units”), L 404, M 501, and N 502. On April 12, 2005, J determined and notified the Plaintiff of the number of houses owned by itself as 201, 202, and 203.

C. On November 2003, when the Plaintiff completed almost the instant apartment, but the completion was not completed, the National Bank, a creditor of J, applied for provisional attachment against the J portion of each of the respective households of the instant apartment, the registration of preservation of ownership in the name of J, etc. against each of the individual households of the instant apartment at the request of the court on November 16, 2006.

J et al. filed a building name map lawsuit (hereinafter “instant building name map lawsuit”) against the Defendant (including the Defendant possessing the instant No. 10361 as Seoul Central District Court 2007Gahap8361) who had occupied an individual household of the instant apartment complex at the time.

On January 25, 2005, the defendant asserted that on January 25, 2005, the lease contract for the lease deposit amounting to KRW 120 million (hereinafter “the lease contract of this case”) was entered into between the plaintiff and the plaintiff on January 103, 2005, and submitted as evidence the real estate lease contract (Evidence 6) to the above court.

The defendant on February 18, 2009.

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