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(영문) 인천지방법원부천지원 2014.06.17 2013가단41822
건물인도 등
Text

Defendant Incorporated Foundation B shall be attached to the Plaintiff from among the real estate listed in the attached Table 1 and the real estate listed in the attached Table 3.

Reasons

Facts of recognition

Attached Form

The real estate listed in the list 1, 2, and 3 (hereinafter “instant real estate”) was originally owned by Defendant C. On January 24, 2006, the decision to voluntarily commence the auction was rendered upon the application of the High Credit Cooperatives, which was made on January 24, 2006, and the registration of ownership transfer was completed in the name of the Plaintiff on January 9, 2007, upon receiving the decision to permit the sale at the expense of Defendant C at the auction procedure.

On July 10, 2009, Defendant C agreed that the real ownership of the instant real estate shall be owned by the Plaintiff, but the real ownership of the instant real estate shall be paid KRW 40 million, which Defendant C borrowed from the Plaintiff, until December 31, 2009, and KRW 70 million until July 10, 2012, and the instant real estate shall be owned by the Plaintiff if it is not performed even once.

In addition, around October 6, 2011, Defendant C paid all the amount borrowed from the Plaintiff up to December 31, 2012, and, in the event of failure to perform this, Defendant C prepared a written promise not to raise an objection against the act of disposing of the instant real estate, and a written loan of KRW 102,00,000 to the Plaintiff, but Defendant C did not implement the said matters by December 31, 2012.

On April 23, 2012, Defendant C entered into a lease agreement with Defendant Incorporated Foundation B (hereinafter “Defendant Incorporated”) with regard to the real estate listed in the attached Table 1 in the name of the Plaintiff (hereinafter “Defendant Incorporated Foundation”) with KRW 10,000,000, and KRW 1,500,000 per the following month (hereinafter “instant lease agreement”). On May 31, 2012, Defendant C agreed that the said lease deposit is not returned to the Defendant Incorporated Foundation even if the instant lease agreement is terminated, taking into account the fact that the Defendant Incorporated Foundation pays the deposit as the fee for medical equipment, etc.

Since then, as the Defendant Incorporated Foundation did not pay the difference on September 2013 and October 2013, the Plaintiff terminated the instant lease agreement, and the Defendant Incorporated Foundation is the intention of termination.

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