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(영문) 부산지방법원서부지원 2019.06.18 2017가단111282
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B church: (a) 238.56 square meters and 2.2 square meters among the real estate listed in the attached Table 1 list.

Reasons

1. Basic facts

A. On March 1, 2013, with respect to the 238.56 square meters in the manufacturing business site of the 1st floor, the 240.24 square meters in the 3rd floor, and the 240.24 square meters in the 3rd floor office (hereinafter “the part of the instant church”) of the buildings listed in the attached list among the buildings in Busan-gu D and E (hereinafter “the instant building”) among the buildings in Busan-gu, Busan-do, and E, the lessee of the social welfare foundation F (hereinafter “F”), the lessee of the instant church (hereinafter “Defendant church”), the lessee’s B church (hereinafter “Defendant church”), the lessee’s deposit amount of KRW 70,000,000, monthly rent of KRW 800,000, and three years from the date of the occupancy contract period, each of the instant building was prepared with respect to the lease contract of KRW 4th floor, 240,2405 square meters in the instant building (hereinafter “the instant lease agreement”).

B. Around November 30, 201, the Defendant church entered into a lease agreement with F (former representative G) on the part of the first and second floors of the instant building with a deposit of KRW 40,000,000 on the same day, and paid KRW 40,000 to F on the same day. Thereafter, the Defendant church decided to additionally lease the third floor of the instant building on March 1, 2013, prepared a lease agreement on the said third floor, and then paid KRW 30,000,000 on the said lease agreement by remitting the deposit of KRW 70,00,000 to the bank account of F on March 15, 2013.

C. Defendant C transferred all KRW 10,000,000 on September 30, 2013, to the bank account of G on October 7, 2013.

F In collusion with G, the former representative of F, even though the Defendants were not the tenants of the instant church parts and the mobile room parts, the F made a false lease contract, and made a report of rights as lessee and demand for distribution in the instant auction procedure, and there is no obligation to refund the deposit money to the Defendants of F. The Busan District Court 2015No211742 filed a lawsuit against the Defendants to confirm the existence of a debt.

E. The above court shall take November 2016.

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