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(영문) 대구지방법원 2018.11.15 2018가단121094
제3자이의
Text

1. No. 259 of 2017, the Defendant’s notary public against C and D is a law firm officer.

Reasons

1. Facts of recognition;

A. As to the Plaintiff and E-Sharing Daegu Building (hereinafter “instant building”), the Plaintiff concluded a contract for remodeling construction with G on April 10, 2017 by setting the construction cost of KRW 295 million and requesting G to replace the deteriorated sports equipment, etc. in the instant building.

G purchased sports equipment, etc. from the I operating “H” and installed them in the instant building, and the Plaintiff paid the construction cost to G.

B. On June 9, 2017, the Plaintiff and E concluded a lease deposit amount of KRW 210,000,000, monthly rent of KRW 14,000,000, and from June 30, 2017 to June 29, 202 (60 months) with respect to the entire underground boiler room, parking lot, the first floor ticket, the second floor 2, the second floor 2, the second floor 2, the second floor 2, the second floor 4, the second floor 4, and the fifth floor 5 floor 3, the lease contract was concluded to pay KRW 21,00,000 on the date of the contract, the intermediate payment of KRW 60,00 on June 20, 200, and the remainder of the lease contract was to be paid to each of the above KRW 30,000 on the remainder of the lease contract.

On the other hand, the non-party company is carrying on business, such as saves, and saves, with delivery of all the instant building and facilities located therein without paying the remainder lease deposit.

C. On June 29, 2017, the Defendant lent the non-party company as the debtor, D as joint and several sureties with the maturity of KRW 25 million as of July 10, 2017, and the debtor and joint and several sureties recognize that there is no objection even if the debtor and joint and several sureties are immediately subject to compulsory execution upon default. The debtor transfers the ownership of the articles on the fourth floor of the instant building (6 units of the four-story newly entered sports equipment, appliances, machine room boiler, waste collection machine, and air conditioner) to the creditor by means of the possession and amendment of the ownership of the articles on the fourth floor of the instant building for the purpose of ensuring the performance of the said obligation.

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