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(영문) 서울동부지방법원 2018.06.27 2017재나32
임차보증금 및 부당이득금 반환
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to review, do not conflict between the parties or are apparent in records:

The Plaintiff actually occupied the building as the actual lessee of approximately 35 square meters of the building No. 1,318 square meters of Q 1,318 square meters of land in Seongdong-gu, Seoul (hereinafter “instant building”). The Plaintiff’s representative P and Defendant B Co., Ltd. (hereinafter “Defendant B”) agreed to conclude a lease agreement on the instant building only in the form until the Plaintiff is able to register its business in conformity with the purpose of the instant building. However, Defendant B and C made a false assertion that the Plaintiff did not have any right and appointed Defendant D as the legal representative, and filed an objection on the execution of the disposition of the enforcement officer confirmed as the Plaintiff’s possessor. Defendant L, M, N, andO submitted a written statement consistent with the Plaintiff’s false assertion, aiding and abetting the act of fraud. Defendant E, F, and G, who are members of Defendant Law Firm, committed an act of fraud through functional control at the time of the Plaintiff’s purchase and sale of the instant building, and Defendant H Co., Ltd. (hereinafter “Defendant H”) did not have an opposing power of the Plaintiff’s trust without delay.

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