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(영문) 서울중앙지방법원 2016.11.16 2015가단104334
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The non-party C, who is the defendant's mispersive facts (i.e., his wife D) and his wife's mother, borrowed a total of KRW 100 million on March 26, 2004 from the non-party E, the plaintiff's mother's mother, and KRW 100 million on April 9, 2004, without interest agreement, on December 31, 2008.

Luxembourg The Defendant completed the registration of ownership transfer as the receipt of No. 58685 on April 26, 2012 with respect to the instant real estate in which he/she resides in the Plaintiff, and has been possessed until now.

【Ground of recognition】 The fact that there is no dispute, Gap’s 1, 2, and Gap’s 8 through 11 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s primary principal claim is the cause for the Plaintiff’s primary principal claim. C was unable to repay KRW 100 million borrowed from E at the due date, and C continued to reside in the instant real estate under the name of the Plaintiff on April 26, 2012, and agreed to return the registration of transfer if he/she repaid the borrowed money to E within two years, and to transfer it to E during the period of two years. As the period of the above two years expires, the Plaintiff’s ownership is determined by the method of the liquidation to be reverted, and the Defendant shall comply with the claim for transfer based on the Plaintiff’s ownership, and the Defendant shall seek delivery to the Defendant, a person who has created security that the Plaintiff uses and benefits from the real estate for the execution of the transfer security right.

The defendant, as the cause of counterclaim, borrowed KRW 100 million from E through introduction by the non-party F, and operated the C and the golf driving range. The defendant merely completed the registration of ownership transfer for the real estate of this case upon request by the non-party C, which is kind of friendly C, and the registration shall be cancelled as the cause of the counterclaim, and the registration of ownership transfer for the snow company has been made as the security for transfer.

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