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(영문) 광주지방법원 2017.06.30 2016가단520268
건물명도 등
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The Defendant is a non-profit medical corporation that, as the owner of the building listed in the attached list (hereinafter “instant building”), operates the “C Hospital” (hereinafter “C Hospital”) in the instant building.

B. The Plaintiff was proposed by Nonparty D as the Defendant’s director to “registration of the Defendant’s director and C Hospital management business,” and as a consideration therefor, transferred the Defendant’s director Nonparty D totaling KRW 157,00,000 to Nonparty D in terms of the Defendant’s interior cost and hospital facility cost.

C. The Defendant used the foregoing money to normalize the management of the instant hospital after using it as the interior cost of the instant building and the costs of hospital facilities, but was actually suspended the operation of the hospital due to financial difficulties around June 2015.

At the time, the Plaintiff requested the return of the costs invested by the Plaintiff on the part of the Defendant at that time, and at that time, the Plaintiff installed a locking device at the entrance of the instant building via Nonparty E for the purpose of recovering the costs incurred by the Plaintiff, and installed a banner at the entrance of the instant building through Nonparty E, which the Plaintiff exercised the right of retention, and set up the phone number of Nonparty E on the banner, and had Nonparty E protect the instant building for guard.

E. On June 2015, Nonparty E controlled outside person’s access while managing the keys of locking devices from around June 2015, and managed illegal parking, Nonparty E took drainage measures using drain pumps in the case of water parkings on the ground of the instant building, and performed the safety management and guard protection of the instant building.

F. Around February 2016, the Defendant replaced the locking system of the instant building entrance by the cresh without the Plaintiff and Nonparty E, and the Plaintiff replaced the locking system of the instant building entrance around May 2016, and thereafter, replaced the locking system of the instant building entrance.

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