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(영문) 전주지방법원남원지원 2017.08.09 2016가단11425
토지인도
Text

1. The Plaintiff:

(a) Defendant B Co., Ltd. delivers each real estate listed in the separate sheet;

B. Defendant C shall be 10,000.

Reasons

1. Determination as to the claim against Defendant B Co., Ltd. (hereinafter “Defendant Company”).

A. Examining the reasoning of the judgment as to the cause of the claim Gap’s evidence No. 1 in addition to the purport of the entire pleadings, the Plaintiff concluded a loan agreement with the Defendant on February 1, 2009 regarding the period of use of each real estate listed in the separate sheet (hereinafter “each real estate of this case”) between February 1, 2009 and January 31, 2012, and it is acknowledged that the said loan agreement had been terminated by the lapse of the said period of use agreement, and barring any special circumstance, the Defendant Company is obligated to deliver each real estate of this case to the Plaintiff, barring any special circumstance.

B. Judgment 1 on the argument of the Defendant Company is the real estate used as the factory site and factory building of the Defendant Company. In particular, the building indicated in Paragraph 3 of the attached Table is newly constructed with the Defendant Company’s funds. Accordingly, each of the instant real estate is owned by the Defendant Company or the Defendant Company has the right to claim ownership transfer registration against the Plaintiff. Therefore, the Plaintiff’s request for extradition cannot be complied with. (A) The fact of recognition is as follows.

(B) On March 21, 1996, after completing the registration of ownership transfer as to the land listed in paragraph (1) of the annexed Table No. 1, the Defendant C newly constructed the housing listed in paragraph (2) of the annexed Table on the ground of the above land and completed the registration of ownership transfer under the name of the Deceased on December 24, 1996. (B) Defendant C had multiple patents, etc. as to the method of manufacturing, etc., but the Deceased and the Defendant C concluded a business agreement with the content that on June 29, 2005 and March 7, 2006, the Deceased were to manufacture E products by acquiring the manufacturing technology and facilities and equipment of Defendant C, and Defendant C had the right to sell the above products.

C) Accordingly, the Deceased established the Defendant Company for the manufacture and sale of E products on March 21, 2006 (However, the Deceased’s son).

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