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(영문) 서울북부지방법원 2016.04.21 2015가단123853
건물인도 등
Text

1. The defendant A received KRW 370,000,000 from the plaintiff, and at the same time, the building specified in the attached Table 2 to the plaintiff.

Reasons

1. Basic facts

A. On December 23, 201, the Plaintiff acquired the Plaintiff’s ownership, on the ground of a management trust agreement under which each building recorded in the separate sheet is entrusted and managed by trust property from the trust property, and completed registration of ownership preservation on each of the above real estate.

B. Defendant A’s possession 1) Defendant A’s building indicated in the attached Table No. 2 (hereinafter “instant building 104-3104”) between Uan bus sub-subsidiary Co., Ltd. on March 21, 2013

(2) Defendant A was notified on December 5, 2014 that the term of lease was from April 19, 2013 to April 18, 2015, under which the lease deposit was set at KRW 370,000,000 and the lease deposit was set at KRW 370,000, and thereafter the above building was occupied from that time.

C. Defendant B’s possession 1) On April 1, 2014, Defendant B entered 3 buildings in the attached Table between Uan bus sub-ownership corporation and Uando Co., Ltd. (hereinafter “instant 121”).

(2) From June 1, 2014 to May 31, 2017, the lease deposit was set at KRW 30,00,000, monthly rent of KRW 3850,00 (additional interest rate of KRW 19% per annum), and Defendant B did not pay the rent after December 2014 and the management fee after May 26, 2014, and was notified of the termination of the contract through proof of the contents of April 10, 2015.

3) The rent, etc. in arrears as of June 8, 2015 is a total of 21,025,960 won as stated in the separate sheet as stated in the calculation statement. [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 10 (including all the serial numbers), and the purport of the whole pleadings.

2. Determination as to the claim against Defendant A

A. According to the above facts of determination as to the cause of the claim, Defendant A’s instant case No. 104-3104.

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