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(영문) 대구지방법원 2016.11.23 2015가단42688
건물명도
Text

1. Of the housing in the attached Table 1 list, the Defendant (Appointed Party A) shall enter 83.79 square meters per floor in the attached Table 1 list, and the attached list of the designated parties.

Reasons

1. Facts of recognition;

A. D Co., Ltd. [Defendant (Appointed Party; hereinafter “Defendant”) is established on November 10, 201, and the representative director is Defendant (Appointed Party; hereinafter “Defendant”).

(A) On August 15, 2011, Defendant B entered into a contract with Defendant B’s father I on June 16, 2015 to contract for the construction of housing site to the position of director of corporation D, a director.

After that, the ownership of the forest was transferred to F, G and D as an executive officer of D Co., Ltd.

B. On February 22, 2013, a single house of two floors (the house indicated in the attached Table 1; hereinafter “instant house”) was newly constructed on the said forest land, and registration of preservation of ownership was made in the name of F.

On February 27, 2013, F written a lease agreement between Defendant A and the content of the lease of the KRW 83.79 square meters of the first floor among the instant housing as KRW 40 million, monthly rent of KRW 300,000,000 among the instant housing, and a lease agreement (hereinafter “each of the instant lease agreements”) between the selector in the attached list of the designated parties on the same day (hereinafter “Defendant”) and C, with the content of the lease of KRW 10.35 square meters of the instant housing in the amount of KRW 20,000,000 among the instant housing.

C. Although Defendant A and C completed a move-in report on the instant housing on February 27, 2013, Defendant A and C did not pay the lease deposit stated in each of the instant lease agreements to F, and did not obtain a fixed date in the contract.

Defendant A and C borrowed money as security for each of the instant lease agreements and used it to repay debts related to the instant housing construction project.

On April 15, 2013, F sold to J part of the instant housing and the instant E forest as its site, and sold the remainder of the land to D Co., Ltd.

After that, the forest land was divided into E large scale 846 square meters (the land indicated in paragraph (2) of the attached Table 2), K large 848 square meters, L road 401 square meters (the land listed in paragraph (1) of the attached Table 2).

(After division, the instant house will be located above K).

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