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(영문) 수원지방법원안산지원 2020.07.22 2019가단72925
건물명도(인도)
Text

The defendants deliver buildings listed in the separate sheet to each of the plaintiffs.

The costs of lawsuit shall be borne by the Defendants.

Reasons

1. Basic facts

A. On July 28, 1998, E purchased a building listed in the [Attachment List (hereinafter “instant apartment”) and completed the registration of ownership transfer, and around 2010, E had Defendant D, one of his advisers, file a move-in report on the instant apartment and reside in the instant apartment.

B. On August 25, 2011, E entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C, one hundred million won, with respect to the instant apartment, by setting the deposit amount to be KRW 100 million and the lease period to be August 24, 2013. At the time, E entered into a special agreement that “Defendant D, who is E, shall return the deposit amount to Defendant C without compensation,” and issued a receipt of KRW 100 million of the lease deposit amount to Defendant C.

C. After that, between F and F on April 30, 2013, E entered into a sales contract with a special agreement with the effect that “on-site tenants (a deposit KRW 100 million and G shall be succeeded to by the purchaser)” with respect to the instant apartment, and completed the registration of ownership transfer to F on June 5, 2013.

On June 5, 2013, F created a lease agreement with Defendant D by specifying the term “a security deposit of KRW 100 million and the term of lease as of June 4, 2015,” stating “a repurchase agreement between the purchaser due to the sale and the current tenant”.

E. In other words, on May 28, 2015, F entered into a sales contract with the Plaintiffs on the instant apartment by stipulating that “The present lessee succeeds to the buyer (the deposit KRW 100 million, KRW D, and maturity on June 4, 2015)” with respect to the instant apartment, and on August 7, 2015, F completed the registration of ownership transfer by one-half each accordingly.

F. On July 1, 2017, the Plaintiffs determined a deposit of KRW 100 million with Defendant D as of June 2, 2019, and the term of lease as of June 5, 2013 to June 4, 2015, and from June 4, 2015 to June 3, 2017, the Plaintiffs are contracts under which they reside and extend for KRW 100 million as of June 3, 2017.

The lease contract was made by clearly stating that it is "."

G. Defendant C is the Seoul Central District Court against the Plaintiffs.

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