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(영문) 서울남부지방법원 2017.07.06 2016가단242772
건물명도
Text

1. The Defendant shall deliver to the Plaintiff real estate listed in the attached list, and KRW 39,600,000 as well as its related amount on September 22, 2016.

Reasons

1. Basic facts

A. On September 29, 1997, the Plaintiff and C jointly incorporated the Defendant Company for the purpose of manufacturing and selling general machinery parts. Around September 29, 1997, the Plaintiff and C owned half of the shares of the Defendant Company.

B. On March 30, 2001, the Plaintiff and C purchased a 1/2 share of the factory indicated in the attached list on the Seoul Metropolitan Government D large 358.3 square meters and its ground (hereinafter “instant factory”) and operated the instant factory with the Defendant’s principal office address as the Defendant’s main office, and installing machinery.

C. The Plaintiff and C registered their business as a lessor and issued a tax invoice claiming a total of 6.6 million won (including value-added tax) to the Defendant as the rent for the instant factory, and the Defendant paid the Plaintiff and C the above rent and treated the said rent.

Defendant Company was dissolved on September 7, 2015, and the Plaintiff and C were liquidators.

E. On July 18, 2016, the Plaintiff filed a lawsuit against C seeking partition of co-owned property on the instant factory and its site as Seoul Southern District Court Decision 2016Da217783, and on July 18, 2016, a compromise was established that “C received KRW 1.1 billion from the Plaintiff, and at the same time, it shall implement the procedure for ownership transfer registration as to one-half of the instant factory and its site to the Plaintiff.”

Accordingly, the Plaintiff became a sole owner of the instant factory and its site on August 19, 2016.

F. At present, the instant factory remains a machine owned by the Defendant, and the Plaintiff did not receive usage fees for the instant factory from September 1, 2015, and the Plaintiff reached the Defendant on September 22, 2016, a duplicate of the instant complaint stating the Plaintiff’s declaration of intent to terminate the lease contract with the Defendant on the grounds of the Defendant’s delinquency in rent.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2 and 4, the purport of the whole pleadings

2. Determination

A. The Plaintiff and C as a lessor prior to the determination of the cause of the claim.

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