건물명도 등
1.The judgment of the first instance shall be modified as follows:
Defendant B is against the Plaintiff’s KRW 576,09,382 and this.
1. Basic facts
A. On March 16, 2012 and May 15, 2012, G Co., Ltd., a husband of Defendant B, contracted to E, the Plaintiff, the husband of the Plaintiff, for construction of a new factory on the land for the Heung-gu Seoul factory and 568 square meters for the D factory.
B. On October 10, 2013, E entered into an agreement with F and the following (hereinafter “instant agreement”).
2. A (hereinafter “F”) transfers a building permit for each building listed in the separate sheet (hereinafter “instant building”) to A (hereinafter “E”) and pays KRW 5 million on November 10, 2013.
3. E, on November 10, 2013, is awarded the instant building constructed on the land in the name of Jung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, 2238 square meters for factory, H road 465 square meters, and D land for factory 568 square meters (hereinafter referred to as “instant land”) and on the ground.
Provided, That where a successful tender is not awarded in the name of E, E shall be paid by November 23, 2013 to F on condition that the said construction permit and contract amount are returned.
4. E shall, at the expense of E, solve the problem related to the above real estate ground, complete the construction of a factory with incidental facilities required by F, and transfer its ownership to a person designated by F in 1.6 billion won.
5.F shall implement loans as security for factories, use 200 million won out of loans as operating funds, and pay the remainder of loans to E as part of the purchase price (contracts and part payments).
However, the difference in the purchase price shall be made in the second-class establishment registration of the factory as the object of the sale price.
6. The balance of the purchase price shall be five years from the date on which E acquires ownership.
However, F shall pay E an interest rate of 1% of the balance of the purchase price on a monthly basis, and if the payment of interest is made more than twice, the benefit of time shall be lost.
C. On December 3, 2013, the Plaintiff completed the registration of ownership transfer due to the sale of the instant land by voluntary auction, and completed the registration of ownership preservation on May 23, 2014.