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(영문) 춘천지방법원 2015.06.03 2014가단8144

건물인도 등

Text

1. The Plaintiff:

A. The Defendants deliver the real estate listed in the separate sheet;

B. Defendant B shall be KRW 70,150,684 and this shall apply.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1 to 5, 7, 8, and Eul evidence Nos. 1, 2, 3, and 14 (including each number), together with the whole purport of the pleadings:

On August 5, 2004, the Plaintiff completed each registration of the transfer of ownership with respect to D land in Hongcheon-gun, Gangwon-do and real estate listed in the separate sheet on its ground (hereinafter “instant building”) and completed the registration of the transfer of ownership with respect to the registration of the establishment of a neighboring mortgage changing the debtor to the Plaintiff on September 10, 2004.

B. (1) On March 12, 2012, the Plaintiff entered into a sales contract: (a) the sales price for the instant land and the instant building on the said land with Defendant B is KRW 50 million; (b) the payment of KRW 150 million from Defendant B on the date of the contract; and (c) the intermediate payment of KRW 150 million on the date of the contract; and (d) the remainder of KRW 200 million on April 30, 2012 (the terms of the loan of KRW 140 million succeeding to Defendant B) with the payment of KRW 200 million on July 15, 2012; and (c) concluded a sales contract for sale to Defendant B (hereinafter “instant sales contract”).

(1) According to the sales contract of this case, in addition to the above D land, the above E land is also located in the location of the building of this case. However, in the registry and the general building registry, the location of the building of this case is stated only in the above D land). (2) In concluding the sales contract of this case, Defendant B entered into a special agreement with the effect that “the annual interest rate of 10% on the remainder after the starting date of the business shall be paid to the Plaintiff” (hereinafter “instant special agreement”).

(3) The F, the Defendant’s subsidiary, led, entered into the instant sales contract.

C. Defendant B paid to the Plaintiff KRW 10 million on the day of the instant sales contract, and KRW 40 million on June 1, 2012, respectively, and paid KRW 50 million out of the instant sales price, but did not pay KRW 450 million in the remainder of the sales price.

The Defendants are able to carry on the gas station business in the instant real estate even before the instant purchase price is paid.