logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.10.20 2016나208923
건물인도등
Text

1. All appeals filed by the plaintiff (appointed party) and the appointed party C are dismissed.

2. The costs of appeal are assessed against the Plaintiff (Appointed Party).

Reasons

1. Facts of recognition;

A. The plaintiff et al. is married couple.

Plaintiff

On May 6, 2011, etc. newly constructed a sectioned building listed in the attached Table 2 (hereinafter referred to as “instant building”) and completed registration of ownership preservation as co-owners, and the registration of ownership transfer was completed on the same day with respect to the remainder of the building except subparagraph 201 among the instant building due to trust to the New Real Estate Trust Co., Ltd.

B. From July 13, 2011, the Plaintiff et al. operated the instant marina (hereinafter “instant marina”) with the trade name “D” (hereinafter “D”) from around July 13, 201, but the sales performance was lower than the Plaintiff et al.’s forecast.

Accordingly, the Plaintiff listened to the statement that the Defendant, who was aware of the fact that the Appointor C was attending a graduate school and became aware of the course, was operating the marina in E, and recommended the Defendant to be a person who can work as the occupant of the instant marina.

The defendant gave advice to the plaintiff et al. on the operation of the plaintiff et al. by recommending F to the store leader.

C. On August 12, 201, the Plaintiff, etc. borrowed KRW 500 million from the Defendant’s side as funds for the management of marina, KRW 100 million in total, KRW 600 million in personal use (hereinafter “the instant loan”) or KRW 100 million in personal use, including the Plaintiff, etc. on August 19, 201, without fixing the due date. The creditor’s column in each loan certificate is indicated as “ Address: Address: M in the Gwanak-gu Seoul Special Metropolitan City VV Bank, M in the name of the representative director B, and contact number: W” and the Defendant’s name is sealed as the Defendant’s personal seal.

On August 23, 2011, Lhee Construction Co., Ltd., the contractor of the instant building, provisionally attached a deposit claim on the account in the name of the Plaintiff, etc., including the account in the business owner’s name of the instant marina.

E. On September 5, 2011, the Plaintiff, etc. and the Defendant drafted a lease agreement with the following terms. However, the date of its preparation is August 12, 201 retroactively.

arrow