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(영문) 의정부지방법원 2014.11.18 2013가단36101
건물인도
Text

1. At the same time, Defendant B received KRW 8,671,101 from Plaintiff A, and at the same time, acquired real estate listed in attached Table 1 to the Plaintiffs.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “Nonindicted Company”) is a company that constructs and leases and sells F apartment units (hereinafter “instant apartment units”) on two parcels outside E in Yangju-si. G is a person who served as a joint representative director of the Nonparty Company from April 13, 2009 to July 20, 2010, and H is a person who served as a joint representative director of the Nonparty Company from April 18, 2008 to June 3, 2010.

B. Plaintiff A purchased the instant apartment 104, 103, 116, 101 (attached Form 1) and 101 (attached Form 2), which was owned by Nonparty A, via I, and completed the registration of ownership transfer on the following day by succeeding the status of a lessor under the lease agreement on the instant apartment, as well as by succeeding the status of a lessor under the lease agreement on the instant apartment. On August 9, 2012, Plaintiff A entered into a trust agreement with Plaintiff Asian Trust Co., Ltd. (hereinafter “Plaintiff”) with respect to the said real estate and completed the registration of ownership transfer on the following day.

C. Meanwhile, at the time of November 9, 2009, Defendant B entered into a lease agreement with one of the co-representative directors of the non-party company, who was the owner of the apartment in this case and paid the lease deposit from November 9, 2009 to the time of parcelling-out with regard to the real estate stated in the attached Table 1, which is the lease deposit amount of KRW 45 million, monthly rent of KRW 100,000,000, monthly rent of KRW 1000,000, and paid the lease deposit, and resided in this time after completing the move-in report on November 10, 2010.

On November 10, 2009, Defendant C entered into a sales contract with one of the co-representative directors of the non-party company in the name of J on November 10, 2009, in which the sale price of real estate stated in the attached Table 2 is KRW 45,00,000, and thereafter the sale price is converted to the lease deposit (However, Defendant C entered the lease deposit in the lease contract as the condition of accepting a partial defect of the above apartment), and the lease term is from November 10, 2009 to the sale price.

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