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(영문) 수원지방법원 평택지원 2018.02.12 2017가합768
건물명도 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The defendant is a medical corporation that operates a convalescent hospital with the trade name of "C Hospital" at his/her domicile.

The plaintiff is serving as defendant director from December 30, 2015 to the defendant director.

On March 2016, 2016, the president became the chief director, and was released from the office of director and chief director on June 28, 2016, but the subsequent retirement registration was made on September 23, 2016.

Plaintiff

Each real estate listed in the separate list (hereinafter “instant real estate”) such as the conclusion of a lease agreement between the Defendant, etc. is used as a C Hospital dormitory and restaurant, and the ownership transfer registration was completed on September 11, 2013.

On December 1, 2015, the Plaintiff entered into a lease agreement with the Defendant, under the name of the Plaintiff and one other than the Plaintiff, stipulating that the instant real estate is leased for a monthly rent of eight million won without a deposit, from December 1, 2015 to November 30, 2017.

On February 2, 2016, the Plaintiff completed the registration of ownership transfer on the instant real estate based on sale.

On July 22, 2016, the Plaintiff, as the chief director, filed an application for permission to dispose of fundamental property with the purport that the Defendant would provide the land and building on E and ground as collateral to the bank in Ansan-si used by the hospital in order to pay the lease deposit for the instant real estate leased and used by the Plaintiff, and submitted a lease agreement with the Plaintiff and the Defendant, stating that the lease contract was concluded as of July 30, 2018 (hereinafter “instant lease agreement”) with respect to the instant real estate as of July 30, 2016 between the Plaintiff and the Defendant, as well as 200 million won (e.g., July 29, 2016).

The plaintiff obtained the above permission by offering the above land and buildings as security to the new bank, a new bank.

On September 20, 2016, the Plaintiff changed his/her corporate seal impression and re-issues his/her seal card to the Defendant’s account on the same day, and changed his/her seal impression registered in the Defendant’s account on September 20, 2016.

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