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(영문) 서울중앙지방법원 2018.09.20 2018가합507153
건물명도(인도)
Text

1. Defendant D Co., Ltd. shall deliver to the Plaintiff (Counterclaim Defendant) each real estate listed in the separate sheet.

2. Defendant.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff A owned the entire real estate listed in the separate sheet Nos. 1 and 2 (hereinafter collectively referred to as the “instant land”) and the two-story buildings of the instant building on the ground of the instant building, sandbow, position plate, etc. (hereinafter “the instant building”).

Since then, on December 21, 2012, Plaintiff C completed the registration of ownership transfer for 11/9 of 366.9 of the real estate listed in the attached Table No. 1, as of December 18, 2012, and Plaintiff B owned 80/1 of the real estate listed in the attached Table No. 2, among the real estate listed in the attached Table No. 2, and on May 6, 2008, with respect to 61/1/31/33.1/20 of the same date, only for 9/10 of the real estate listed in the attached Table No. 1, it was based on the same date donation, and with respect to 10/10 of the real estate listed in the attached Table No. 2, each registration of ownership transfer for sale as of July 12, 2011, and 80/10 of the real estate listed in the attached Table No. 2.

B. On April 28, 2004, Plaintiff A entered into a lease agreement with G on the lease deposit amount of KRW 300 million, monthly rent of KRW 14,00,000 (including value-added tax), and from June 20, 2004 to June 19, 2009 (hereinafter “instant lease agreement”).

C. H (former trade name: I, J, and hereinafter “H”) established on May 29, 2004 for the purpose of automobile inspection and comprehensive maintenance business, etc., and the instant land was established at the domicile of the principal office, and G and Defendant F, etc. were appointed as the representative director.

G With the consent of the plaintiff A around July 2004, the building of this case was removed and the real estate listed in Paragraph 3 of the attached Table (hereinafter "the building of this case") was newly constructed on or around December 2004 on or around December 19, 204, and the land of this case and the building of this case were collectively referred to as "each real estate of this case" under the name of the plaintiff A on January 19, 2005.

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