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(영문) 창원지방법원 2018.06.07 2017가단117438

부동산인도 및 사용대금

Text

1. The defendant shall be the plaintiff.

A. The building of reinforced concrete structure on the ground (road name address: D) of 793 square meters (road name address) in Gyeongnam-gun, Gyeongnam-gun.

Reasons

1. Facts of recognition;

A. On September 30, 2015, the Plaintiff and the Defendant concluded a real estate sales contract with the following terms.

(hereinafter “instant sales contract”: The Plaintiff’s buyer: The Plaintiff’s buyer: (a) the share of 726/793 square meters in the area of 793 square meters in the area of 793 square meters in Chungcheongnam-gun, Gyeongnam-gun, and the purchase price of one hundred and thirty-three million square meters in the reinforced concrete structure of the relevant ground building (hereinafter “instant building”): The sales price shall be three hundred and thirty million won in the amount of money until September 30, 2016, but the instant sales contract shall be null and void if the payment of the purchase price was delayed.

Special contract: From the date of conclusion of the contract of this case, the buyer shall pay the seller KRW 1,350,000 per month for the use of real estate.

B. However, while the Defendant continued to use the instant building by being handed over from the Plaintiff on the date of concluding the instant sales contract, it did not pay the Plaintiff the amount of real estate use after having paid each of KRW 1350,000 as the amount of real estate use on October 14, 2015 and February 15, 2016.

C. Since September 13, 2016, the Plaintiff notified the Defendant of the payment of the real estate use price and the sales price of the instant sales contract and the cancellation of the instant sales contract.

As the Defendant’s father, E, the actual purchaser of the instant sales contract, agreed to deliver the instant building to the Plaintiff by August 31, 2017.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, Eul's 1, 2, 3, and 5 (including each number), and the purport of the whole pleadings

2. According to the above facts such as the defendant's duty to deliver the building, the sales contract of this case was lawfully rescinded by the plaintiff's notification of cancellation of the contract on the grounds of violating the defendant's obligation to pay

Therefore, the Defendant delivers the instant building to the Plaintiff, and ② As the agreed usage price for the instant building, KRW 32.4 million from September 30, 2015 to November 29, 2017, which was the date of concluding the instant sales contract.