건물명도 등 청구의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On July 9, 2014, the Plaintiff entered into a contract to sell the instant real estate owned by the Plaintiff at KRW 535 million (hereinafter “instant sales contract”). The down payment amount of KRW 20 million shall be paid on July 9, 2014, which is on the date of the contract, and the remainder of KRW 50 million shall be paid on October 8, 2014, and the payment method shall be paid on the basis of the maximum amount of bank loans of KRW 50 million, which remains in effect on October 8, 2014, and the remainder of KRW 50 million ( KRW 435 million) shall be paid on behalf of Defendant B and the remainder ( KRW 85 million) shall be paid on behalf of the Plaintiff, or the Plaintiff shall fully cooperate with the Plaintiff in cases where the Plaintiff is succeeded to the obligation of the loan upon meeting the terms and conditions of the loan.
B. However, on October 8, 2014, Defendant B failed to pay the remainder under the instant sales contract to the Plaintiff, and on October 10, 2014, the Plaintiff received additional down payment of KRW 30 million from Defendant B on the day, and Defendant B paid the additional down payment of KRW 435 million on the same day, and Defendant B and paid interest on the principal repayment of KRW 435 million and the balance of the purchase price at KRW 50 million on a monthly basis between Defendant B and Defendant B, with a view to extending the payment deadline for the remainder on the condition that Defendant B would pay interest on KRW 50,000,000 for the principal repayment and the balance of the purchase price at KRW 50,000 per month
(hereinafter referred to as “instant contract maintenance agreement”). C.
When Defendant B delays the repayment, etc. of the loan, the Plaintiff sent to Defendant B a certificate of content that “Defendant B did not perform the obligation under the instant contract maintenance agreement, and accordingly, the down payment shall revert to the Plaintiff and the instant contract maintenance agreement has been terminated” on November 18, 2014.
However, around December 2, 2014, the Plaintiff and Defendant B drafted a written confirmation that the instant sales contract is valid through mutual agreement (hereinafter “instant confirmation”). D.
Defendant B, on December 1, 2014, is Nonparty E Co., Ltd. (hereinafter “E”).