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(영문) 전주지방법원 2017.08.18 2015가단20362
토지 및 건물인도
Text

1. The defendant (Counterclaim plaintiff) received KRW 100 million from the plaintiff (Counterclaim defendant) at the same time, and simultaneously with the plaintiff (Counterclaim defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the owner who completed the registration of ownership transfer on the land listed in paragraph (1) of the attached Table No. 31028, May 17, 2012, which was charged with the Jeonju District Court on the ground of sale and purchase on March 29, 2012, and completed the registration of ownership transfer on the land listed in paragraph (1) of the attached Table No. 1. The Plaintiff is the owner who completed the registration of ownership transfer on September 27, 2012 (hereinafter referred to as “instant real estate” by adding the real estate listed in the attached Table No. 63341, Sept. 27, 2012).

(2) Defendant B completed the registration of the establishment of a right to lease on a deposit basis as of October 11, 2012, which was received on October 11, 201, and as of July 31, 2014 with the term of 100 million won and the duration of the right to lease on a deposit basis as of July 31, 2014 with respect to the instant building. However, Defendant B completed the registration of cancellation on the ground of termination on November 13, 2012, the receipt of the all-round District Court indictment No. 73658, Nov. 13, 20

B. In the possession status of the instant real estate, Defendant B operates the instant real estate in the place of business with the trade name “E”, Defendant C operates the place of business with the trade name “F” as the wife of Defendant B, and Defendant D limited liability company (hereinafter “Defendant Company”) is a place of business operated independently by Defendant B.

On July 2012, Defendant B indicated the annexed drawings among the instant land (1), (2), (3), (4), (1), and (5), (6), (7), (7), (8), (9), (1), (1), (2), (3), (4), and (9) extension of approximately 30 square meters of a warehouse in the part of the instant land, which caused the occurrence of a loss in the ship, to the extent that the ship was connected in sequence, and about 20 square meters of a warehouse, and (5), (8), (10), (1), (1), (3), and (9), and (9) extension of about 30 square meters of a warehouse.

(hereinafter referred to as the “instant extension”). C.

The Plaintiff entered into a contract between the Plaintiff and the Defendants on July 31, 2012 with respect to the instant real estate.

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