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(영문) 창원지방법원 2018.01.17 2017가단114163
토지인도
Text

1. Defendant B and D shared with the Plaintiff

A. On October 2016, at KRW 10 million between the Plaintiff and the Defendant, the Plaintiff and the Defendant.

Reasons

1. The Plaintiff: (a) entered into an agreement with Defendant B to lease the instant land on October 21, 2016, as indicated in Paragraph (1) of the order, with a deposit of KRW 10 million, monthly rent of KRW 10 million, and KRW 10 million from October 26, 2016 to October 25, 2018; and (b) delivered the said deposit after receiving the said deposit; (c) the Defendant B registered the business with the trade name of “F”; and (d) install structures, such as containers, etc. as described in Paragraph (a) of the order No. 1 of the instant land, and operates the instant land on personal property while occupying and using the entire instant land.

Around December 25, 2016, Defendant D and G have transferred the above right of lease and the secondhand Award to Nonparty G, who is his de facto spouse, and have been operated from January 9, 2017 to the present date. Defendant B notified the Plaintiff that Defendant D was in charge of its operation from January 9, 2017 as a person in charge of the above secondhand water site. ③ Defendant D and G were bad credit standing and are unable to make business registration under their names, and upon Defendant C’s aid, requested the Plaintiff to enter into a lease agreement with Defendant C with the Plaintiff with the Plaintiff with the intention of Defendant C as the lessee (in form, Defendant C transferred the above secondhand water surface to Defendant B, and prepared an agreement on the purchase of the above secondhand water surface under Kim Jong-soo’s name, and the Plaintiff did not refuse to report the business closure under Defendant C’s name, but failed to report the business closure under the name of Defendant C’s remote credit address, etc.

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