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(영문) 울산지방법원 2019.12.05 2018가단69204
건물명도(인도)
Text

1. The Defendants jointly do so to the Plaintiff:

(a) deliver the real estate listed in the separate sheet;

B. From October 30, 2018, the foregoing.

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), Defendant B completed the registration of ownership transfer on August 23, 200, and completed the registration of ownership transfer on December 4, 2006 to the Plaintiff, a fraud, for sale.

B. From August 2000, Defendant B operated a restaurant with the trade name “D” in the instant real estate from around August 200.

The Plaintiff, even after acquiring the ownership of the instant real estate on December 4, 2006, had Defendant B operate a restaurant free of charge on the instant real estate.

Defendant B registered his business under the name of Defendant C, who is an infant, with respect to the above restaurant, and the Defendants also operated the above restaurant.

C. As of October 2018, monthly rent of the instant real estate is KRW 1,198,250.

[Ground of recognition] 1, 2, and 5 items of evidence (including paper numbers), the result of this court's entrustment of appraisal of rent to appraiser E, the purport of the whole pleadings.

2. The parties' assertion

A. Around December 4, 2006, the Plaintiff’s assertion and Defendant B entered into a loan agreement for use of the instant real estate.

The plaintiff terminated the above loan agreement by serving the duplicate of the complaint of this case.

The Defendants, a joint possessor, should return the instant real estate to the Plaintiff.

B. The Plaintiff and Defendant B agreed to use the instant real estate without compensation until Defendant B died at the time of the sales contract on the instant real estate.

The Plaintiff did not pay KRW 366,035,395 for the instant real estate. Therefore, the Defendants may refuse to deliver the instant real estate until the said purchase price is fully paid.

3. Determination

A. According to the facts acknowledged prior to the determination of the Plaintiff’s cause of claim, the Plaintiff and Defendant B entered into a loan agreement for use of the instant real estate on or around December 4, 2006, and the Plaintiff was more than 12 years thereafter.

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