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(영문) 수원지방법원안산지원 2016.08.18 2015가합21957
건물명도
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant B and C shall jointly deliver the buildings listed in paragraph 1 of the attached Table, and 17,596.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The Plaintiff entered into a construction contract with Defendant F to newly construct multi-household housing (J building; hereinafter “instant building”) on the land located in Ansan-si, Sinsan-si, the Plaintiff owned by the Plaintiff, and left the head of the Tong, debit card, and the use of the new branch community credit cooperative account established in the name of the Plaintiff and the new branch community credit cooperative account established in the name of the Plaintiff (hereinafter “instant new cooperative account,” respectively in the order of order) with Defendant F to appropriate money deposited in each of the above accounts for the construction cost.

On September 30, 2013, the Plaintiff completed registration of initial ownership relating to the instant building. Defendant F was delegated with the authority to sell the instant building by the Plaintiff and operated a sales office in the vicinity of the instant building.

On October 7, 2014, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant F, claiming that the Plaintiff’s agent is the broker of Defendant G, which is a licensed real estate agent, under which the lease deposit amount is KRW 100 million and the lease term is from October 28, 2014 to October 28, 2016 (hereinafter “instant lease agreement”).

Defendant B paid KRW 20 million out of the above lease deposit KRW 100 million to Defendant F on January 16, 2014. On February 19, 2014, Defendant B paid KRW 25 million out of the remainder of KRW 80 million to the account in the name of K, an employee of Defendant F, before the date of payment of each of the above amounts is earlier than the date of entering into a lease contract. Defendant B entered into a sales contract with Defendant F and paid each of the above amounts as the down payment around 2013, but paid each of the above amounts as the down payment on October 7, 2014.

On October 28, 2014, KRW 50 million was remitted to the instant new cooperation account.

Defendant D is the Plaintiff’s agent on May 25, 2014.

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