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(영문) 대전지방법원 2017.04.21 2016나101882
건물명도
Text

1. The part on the principal lawsuit in the judgment of the court of first instance [the part on the amount claimed by the plaintiff (Counterclaim defendant) by this court].

Reasons

1. At the time of the incheon-gu, Dong-gu I land was divided into I, J, K, and L on November 2009 with respect to the land located in the Nam-gu, Dong-gu, Seoul Special Metropolitan City.

M carried out the construction of each unit of a multi-family house on the above J land (hereinafter referred to as "adjacent building") and each unit of a multi-family house on the above K's land (hereinafter referred to as "the instant building").

M, while constructing the instant building, borrowed approximately KRW 400 million as construction funds from the Plaintiff, and completed the registration of ownership transfer with respect to the said K land on December 17, 2010.

M has obtained approval for the use of the instant building on April 26, 2012, and on July 6, 2012, and the Plaintiff completed registration for the preservation of ownership on the instant building on May 9, 2012.

Defendant B entered into a lease agreement with M on April 26, 2012 regarding subparagraph 303 of the building adjacent to M, but did not obtain approval for the use of the adjacent building. On May 27, 2012, M representing the Plaintiff and the building 203 of this case, Defendant B entered into a lease agreement for residential use with the term of KRW 25 million and the term of the lease from April 26, 2012 to April 25, 2014, and paid the said deposit to M around that time, and returned the said deposit to the Plaintiff on February 19, 2016 while occupying the said building upon delivery.

On March 30, 2012, Defendant C entered into a lease agreement for residential use with the Plaintiff for KRW 25 million and the term of March 30, 2012 from March 30, 2012 to March 29, 2013 (the Defendant C enters into a contract under the name of son), which extended the term of the said lease to August 30, 2013, and received the said portion of the said building on March 30, 2012. On February 19, 2016, Defendant C continued to occupy the said building until the date of entering into a new lease agreement with the Plaintiff.

Defendant D, on June 12, 2012, with respect to M and 205 of the instant building on behalf of the Plaintiff, set a deposit of KRW 25 million and the term of lease from June 15, 2012 to February 14, 2013.

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