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(영문) 수원지방법원성남지원 2015.02.27 2014가합3111 (1)
건물인도 등
Text

1. Defendant B and C:

A. At the same time, the Plaintiff received KRW 420,000 from the Plaintiff, and at the same time, the attached list is recorded in the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of land E in Nam-si, and Defendant B, etc. operates F, which is a construction company under the name of Defendant C, in the name of the husband and wife, and Defendant Adiscope Co., Ltd. lends a construction license to F.

B. On June 4, 2011, the Plaintiff concluded a new construction contract (hereinafter “instant construction contract”) with Defendant B, etc. with regard to the construction cost of KRW 670,000,000 for the E underground floor and the 3rd floor buildings on the ground (hereinafter “instant building”) on the following grounds: (a) the construction cost of KRW 670,000,000 for the construction period; and (b) the construction period from June 4, 2011 to October 4, 2011.

C. According to the instant construction contract, a down payment is KRW 70 million, and 400 million out of the remainder of the construction price, the entire first floor and second floor below the instant building are to be used by Defendant C for five years, in substitution for a deposit for a deposit for a deposit for a lease on a deposit basis. On the same day, the Plaintiff agreed to cooperate with Defendant C when using or holding office in the leased part. Accordingly, on the same day, the Plaintiff and Defendant C drafted a deposit contract for a lease between the Plaintiff and Defendant C with the size of 314.515 square meters on the 1st floor, 266.6 square meters on the 2nd floor, the entire deposit for a deposit for a lease on a deposit basis, and the lease period from September 11, 2012 to September 10, 2017.

Defendant B, etc. received KRW 240 million as construction cost from the Plaintiff until December 2012.

E. The Plaintiff obtained approval for use of the instant building on August 29, 2012, and the same year.

9. On the 19th day of the same month, the registration of initial ownership relating to the instant building was completed, and on the 19th day of the same month, Defendant C completed the registration of establishment of chonsegwon with the person having chonsegwon as Defendant C, the scope of the deposit money for lease on a deposit basis, the size of the deposit money for lease on a deposit basis, the size of the deposit money for lease on a deposit basis, the size of the 314.515 square meters and the 266.6 square meters and the duration of the instant building, from September 111, 2012 to September 10,

F. Defendant B’s remainder of KRW 30 million to the Plaintiff (i.e., construction cost of KRW 670 million - KRW 240 million - KRW 400 million in lieu of deposit for lease on a deposit basis) reduced the remainder of KRW 10 million, and the remainder of KRW 20 million to the Plaintiff.

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