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(영문) 창원지방법원 2019.03.13 2017가단119977
건물명도(인도)
Text

1. Defendant C, D, and E shall be the Plaintiff

A. Entry in the attached list;

2. The transfer of real estate:

B. From November 18, 2017, the foregoing.

Reasons

1. Facts of recognition;

A. Each real estate listed in the separate sheet was owned by FF Co., Ltd. (former trade name: G Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”); however, A purchased each of the said real estate from Nonparty Co., Ltd on November 17, 2017 and completed the registration of ownership transfer.

B. Defendant B entered in the separate sheet from Nonparty B around 2008

1. The real estate (hereinafter “the instant place of massage practice”) was leased monthly rent of KRW 5,00,000 (after that, as KRW 4,50,000,000 on November 19, 2013; and KRW 4,000,000 on January 20, 2015, respectively, reduced to KRW 4,000).

C. Defendant C is indicated in the attached list from H on February 8, 2017 (the representative director of the company abroad).

2. The real estate (hereinafter “instant singing”) was presented as evidence by asserting that deposit of KRW 10,00,000, monthly rent of KRW 3,000,000, and Defendant D and E were monthly rent of KRW 1,50,000, and submitted as evidence No. 2 as evidence, but the evidence No. Ra 2 cannot be admitted as evidence because there is no evidence to acknowledge the authenticity.

Plaintiff

On the second date for pleading on December 12, 2018, an attorney stated that “The monthly rent of I is KRW 1.5 million,” but in light of the respective descriptions and the overall purport of the arguments as stated in the evidence Nos. 3-2 and evidence Nos. 6-1, the above statement is against the truth and based on mistake, and is deemed to have been withdrawn by the preparatory document as of January 7, 2019 thereafter.

After lease to Defendant D, E, and this case’s singing room is operated for the same business.

A was decided on July 10, 2018 by this Court to commence rehabilitation proceedings (2018da10020), and the plaintiff was considered as the administrator.

【Reason for Recognition】 Each description of evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. (i) The portion of the claim against Defendant B (i.e., overdue charge Plaintiff) asserted that the non-party company received from the non-party company the claim amounting to KRW 67,00,000,000, in arrears, until November 17, 2017, which is the date of acquisition of the ownership of A, from the non-party company A, and that the claim is filed against Defendant B for payment

Gap evidence 4, 5, 12, 13-.

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