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(영문) 서울고등법원 2016.11.18 2015나2057803
소유권이전등기
Text

1. All the plaintiff (Counterclaim defendant)'s primary and conjunctive claims that have been changed in exchange at the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The relationship 1 of the parties is the relationship between the parties. D is the husband of the Plaintiff A and the father of the Plaintiff B. The Plaintiffs related to the instant case actually performed D. 2) The Defendant is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant real estate”) in the separate sheet.

The building of this case is used as the 6th floor for the commercial building, and the 2 to 6th floor for the 35th floor for each floor.

The Defendant’s entire business related to the instant case was actually carried out by N. E.

B. On October 9, 2010, Plaintiff B entered into a studio rental agreement and passed the studio 15 rooms of the 2,3, and 4th floor of the instant building (hereinafter “studio of the instant case”) with the Defendant.

A) A lease agreement was concluded between 75 million won (five million won per unit room), 6 million won per month of rent (400,000 won per month, and payment after October 25, 201), between October 25, 2010 and October 25, 201 of the lease term (hereinafter “instant stude lease agreement”).

(2) On April 1, 2014, Plaintiff B transferred KRW 6 million to the Defendant on the following day after the deposit was paid, and operated the studio for foreigners. (2) The Defendant appropriated the studio for part of the studio on December 2013 and the studio on January 2014.

C. On March 12, 2012, Plaintiff B entered into the instant restaurant lease agreement and the instant premium contract, and 1) under the name of its partner G, the part of the restaurant of the first floor of the instant building (101, 102, hereinafter “instant restaurant”) operated by the Defendant as “F” in the name of its partner G.

B entered into a lease agreement with the lease deposit of KRW 10 million, KRW 2.2 million per month, and the lease term from March 31, 2012 to March 31, 2014.

The name of the lessee of the above lease contract shall be March 2012.

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