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(영문) 의정부지방법원고양지원 2014.09.17 2013가합6636
토지인도 등
Text

1. Defendant A Co., Ltd shall deliver to the Plaintiff each real estate indicated in the attached sheet.

2. Defendant.

Reasons

1. Basic facts

A. On September 5, 2008, the Plaintiff purchased each real estate indicated in the separate sheet (hereinafter “instant real estate”) from Defendant Samsung P&C Co., Ltd. in the purchase price of KRW 1,030,000,000. As to the instant real estate, the Plaintiff completed the registration of ownership transfer as the receipt of No. 63383 on August 23, 2012.

B. On April 13, 2009, the Plaintiff filed an application for provisional injunction against disposal of the instant real estate with the right to claim the transfer registration of ownership under the sales contract as of September 5, 2008, for the injunction against disposal of the instant real estate by filing an application for provisional injunction against disposal of the instant real estate with the court as of April 13, 2009 (hereinafter “instant provisional injunction”), and the registration of provisional injunction was completed on the same day.

C. Around 2010, Defendant YC Co., Ltd concluded a lease agreement on the instant real estate (hereinafter “instant lease agreement”) with Defendant A Co., Ltd., and around that time, transferred the instant real estate to Defendant A Co., Ltd.

As of the closing date of the instant pleading, Defendant A Co., Ltd. occupies the instant real estate.

Defendant A, in accordance with the instant lease agreement, succeeded to the status of the person who is permitted to charge liquefied petroleum gas filling business of Defendant YC Co., Ltd., and reported the succession to the status of the Mayor of Pakistan. On November 10, 2010, Defendant A, who obtained permission for the liquefied petroleum gas filling business from the Mayor of Pakistan, was permitted to engage in the liquefied

[Ground] Facts without dispute, Gap evidence No. 1 (the name of the contract and the next seal of the defendant YC Co., Ltd.) is based on the seals of defendant YC Co., Ltd., and therefore the authenticity of the entire document is presumed to be established.

The defendants defense that the above document was forged, but there is no evidence to acknowledge it.

(i) evidence A(including each number), set forth in sub-paragraphs 2 through 4.

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