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(영문) 수원지방법원성남지원 2019.07.19 2017가단227768
건물명도(인도)
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim) is jointly and severally real estate listed in the separate sheet No. 1.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The Plaintiff’s acquisition of the instant real estate 1) around November 20, 1997, the Plaintiff’s real estate indicated in the separate sheet (hereinafter “instant real estate”).

(2) The Plaintiff purchased KRW 173.5 million. Of the purchase price, KRW 63.5 million, the Plaintiff raised KRW 23.5 million, respectively, by Defendant C, who is the Plaintiff. The Plaintiff succeeded to or acquired D Bank loans of KRW 30 million (B) and lease deposits of KRW 57 million (III) and substituted for the payment of the purchase price. 2) The Plaintiff completed the registration of ownership transfer concerning the instant real estate on or around March 10, 199.

B. Defendant B’s management act 1) as Defendant C’s spouse, Defendant B leased the instant real estate to another and received and returned the deposit for lease. Defendant B returned the deposit amount of KRW 57 million (III-1) to the lessee of the instant real estate on behalf of the Plaintiff around February 2000 on behalf of the Plaintiff.

3) Around April 200, Defendant B received KRW 110 million from F under the Plaintiff’s name, for the lease of the instant real estate, KRW 30 million, out of which the Plaintiff received KRW 10 million (d) and repaid the loan to D Bank (B-1), and the remainder of KRW 57 million was appropriated for its own expenses incurred in returning the lease deposit to D. Defendant B returned the said KRW 110 million to F on behalf of the Plaintiff on July 14, 2006 (d) the Defendant B returned the said KRW 10 million to F on behalf of the Plaintiff (d) around April 206, Defendant B entered into a lease agreement with G and the Plaintiff on July 14, 2006 under the name of G and the Plaintiff, and the same year.

8. Around 18.10 billion won received as a lease deposit.

(n) (5) Around April 30, 2008, Defendant B leased the instant real estate to H under the name of the Plaintiff and received KRW 175 million from June 30, 2008 (?). Around that time, Defendant B returned KRW 150 million to G on behalf of the Plaintiff (No. 1-1.6) around June 2012, Defendant B returned the said KRW 175 million on behalf of the Plaintiff to H.

**-1.c)

The Defendants’ instant case.

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