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(영문) 광주지방법원 2019.05.17 2018가단507672
건물명도(인도)
Text

1. Defendant B and Defendant B (Counterclaim Plaintiff) receive KRW 126,076,170 from the Plaintiff at the same time.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 21, 2010, the Plaintiff sold D factory sites of KRW 4,300,000 in 494,50,000 (hereinafter “instant land”) from Naju-si, Jeonnam-si, a factory site of this case (hereinafter “instant land”) from the Naju-si, Jeonju-si, the instant factory site of KRW 4,882,00.

(2) On January 25, 2012, the Plaintiff entered into a contract to newly build three factories and enter into an industrial complex occupancy agreement (hereinafter “instant contract for sale”) as to the purchase of the instant land in KRW 561,430,000.

B. Naju delivered KRW 98,900,000 to the Plaintiff who entered into the instant sales contract, with the location subsidy project cost of 98,90,000,000 within the jurisdiction of the Plaintiff. The Plaintiff decided to recover the total project cost of the location subsidy already paid without justifiable grounds within five years from the date of commencing

C. The Plaintiff completed the registration of ownership transfer on the instant land by completing the registration of ownership transfer at around June 8, 201 with the consent of Naju City around June 201, 201, and completing the registration of ownership transfer in the Plaintiff’s future by completing the construction of 493.5 square meters of a general steel structure-frame one-story factory, and the 144.21 square meters of a light steel-frame structure-frame roof office on the instant land.

After that, the Plaintiff started the construction of 493.5 square meters of a factory of 493.5 square meters (hereinafter “instant factory”) of the general steel structure, and completed the construction around December 18, 2012, and completed the registration of ownership transfer in the future of the Plaintiff.

On the other hand, the Defendants occupied and used the factory of this case until the date of closing the argument of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Gap evidence 4-1, 2, Gap evidence 5, Eul evidence 1-1 to 5, Eul evidence 6, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff borrowed KRW 97,000,000 from Defendant B, which is insufficient for the Plaintiff to use the instant factory. In addition, the Plaintiff borrowed KRW 97,000 from Defendant B.

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