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(영문) 서울서부지방법원 2013.05.30 2011가합10143
건물인도 및 부당이득반환 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) Co., Ltd. shall have three and four floors among the buildings listed in attached Table 2, among the buildings indicated in attached Table 2, to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The relationship between the parties (1) Defendant I and the Network J have jointly operated the “H” of the private business chain publishing textbooks, reference books, etc. since 1951 as a form of punishment.

Defendant I and the Network J transferred the above H to a stock company on May 23, 1973, thereby establishing Defendant H (hereinafter “Defendant H”). Since then, Defendant I was the representative director of Defendant H, and the network J was jointly operating Defendant H while working as Defendant H’s director.

In March 28, 201, the deceased J has been operating the “K” as a private business chain that publishes university teaching materials from around 1981, and since the deceased on March 28, 201, the plaintiffs, who are successors, operate the said K.

(2) The deceased J died on March 28, 201 when the aftermatha treatment ended, and from around 2008, the deceased died on March 28, 201. The heir is the Plaintiff A, B, C, and D, who is the wife, and the heir is the Plaintiff E, and the deceased F, who is the grandchildren of the deceased L (Death January 25, 2001) who is the wife of the deceased.

The portion inherited by the plaintiffs against the network J is as follows.

[Attachment 1] Plaintiff A (C), C, and D (Child F) E, and G ( grandchilds) inheritance 3/11 2/11 6/74/77

B. (1) Defendant I and the deceased J completed the registration of ownership transfer on December 1, 1975 with respect to the portion of the real estate listed in [Attachment List Nos. 1 and 2 (hereinafter “the instant Mapo”) listed in [Attachment List Nos. 1 and 2] on November 27, 1975.

(2) Defendant I and the NetworkJ established a business entity “M” for lease management after acquiring the instant marina, and leased Defendant H with the term of the lease of 129.81, 3, 4, and 5 of the second floor in the name of M (hereinafter “instant H lease”).

Since then, the above lease contract is renewed from November 1, 2003 to October 31, 2004 every year.

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