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(영문) 울산지방법원 2017.05.17 2016가합444
건물인도
Text

1. The Plaintiff:

A. Defendant B and C jointly share the 5th floor of 315.74 square meters among the buildings listed in the separate sheet, and B.

Reasons

Basic Facts

On October 6, 2003, Defendant H completed the registration of ownership transfer on the ground of sale with regard to the land of Ulsan-gu I to 585.6 square meters (hereinafter “instant land”). On January 25, 2005, Defendant H newly constructed the steel-framed reinforced concrete structure (refinite concrete structure), 10 floors of business facilities and Class I neighborhood living facilities (hereinafter “instant building”) on the ground of the instant land, and completed the registration of ownership preservation on the instant building.

On January 25, 2005, Defendant H received a deposit of 1.2 billion won for the whole of the first floor retail stores and parking lot facilities of the instant building from the Central Agricultural Cooperative, and leased the instant land and building to the Central Agricultural Cooperative. Defendant H made a registration of establishment of chonsegwon with a deposit of 1.2 billion won for the instant land and building.

On June 1, 2009, Defendant H received and leased deposit money of KRW 350 million for the entire eight-story neighborhood living facilities (315.74 square meters) among the instant building to Eiproz Co., Ltd., Defendant H paid and leased the deposit money of KRW 350 million to Eiproz Co., Ltd. on the instant building. Defendant H made registration of establishment of a lease on a deposit basis of KRW 350 million for the instant building.

On June 1, 201, Defendant H paid a deposit of 200 million won for all the fourth floor business facilities of the instant building to Vietnam Co., Ltd., an incorporated agricultural company, and leased the instant building, Defendant H made a registration of 200 million won for the establishment of a lease on a deposit basis to Vietnam Co., Ltd., an incorporated agricultural company.

Defendant H borrowed 1.6 billion won from the Military Saemaeul Community Depository on January 27, 2014, and borrowed 1.6 billion won, Defendant H issued to the Military Saemaeul Community Depository of the Republic of Korea a joint establishment registration of the establishment of the debtor J and the maximum debt amount of KRW 3.64 billion with respect to the instant land and building.

Defendant H borrowed a total of one billion won from K and L on January 27, 2014, and granted K and L a joint establishment registration of a mortgage of the debtor J and the maximum debt amount of one billion won with respect to the instant land and buildings.

Defendant H is from M on January 27, 2014.

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