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(영문) 서울중앙지방법원 2018.07.13 2017가합536130
양수금
Text

1. The Plaintiff:

A. Defendant C Co., Ltd and D Co., Ltd. jointly share KRW 327,974,400, and their related thereto on November 5, 2014.

Reasons

1. Basic facts

A. Ownership and management relation 1) E facilities (hereinafter “instant building”)

) As multiple buildings with a total floor area of 146,071.39 square meters, 7 stories above 146,071.39 square meters, and five stories below underground, the instant building is an underground connections connected to subway G. At the time of 2014, the instant building is divided into H Dong and I Dong, and the J Motion Picture Center (hereinafter “instant film museum”) is divided into Hdong and 5 stories above ground to 7 stories above ground.

) The underground floor of the above building was in operation, and the underground floor of the above building was not divided into H Dong and I Dong, and the underground floor of the first floor is K Co., Ltd. (hereinafter “K”) and, in the case of a corporation, the entry of the “stock company” in the name of the company is omitted.

(2) Around February 2012, L acquired ownership on the instant building, and on February 10, 2012, L acquired the ownership, and completed the registration of ownership transfer in the name of the said company, trusting the ownership to M on February 10, 2012.

L concluded a facility management service agreement with Defendant B on February 20, 2012 with respect to the instant building, and entrusted Defendant B with the facility management of the instant building, and on March 21, 2012, the instant building was completed and operated as transportation facilities, etc. after commencing the operation of E facilities on June 18, 2012.

3) On February 18, 2014, L: (a) extended the contract period with Defendant B by February 19, 2015; (b) determined that Defendant B continued the facility management; and (c) Company on March 12, 2014 (hereinafter “N”).

) The instant building was sold to P Co., Ltd., a trust business entity of the fund managed by the Fund, and accordingly, the instant building was completed on March 28, 2014 under the name of O. 4) upon entering into a sales contract with L, and Defendant B agreed to succeed to the existing contractual status of L in relation to Defendant B. As above, Defendant B entered into a sales contract with L and agreed on March 20, 2014.

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