(영문) 대구지방법원김천지원 2014.11.13 2014가단4176



1. The Defendant shall order the Plaintiff to order the building indicated in the attached list.

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



1. Determination as to the cause of claim

A. In light of the overall purport of the pleadings, the following facts can be acknowledged in each of the statements in Gap evidence Nos. 1 through 9 (including those with a serial number; hereinafter the same shall apply).

1) The Plaintiff purchased nearby land in Kimcheon-si, Kimcheon-si, and implements a named "C District Industrial Site Development Project" (hereinafter the "C District Industrial Site Development Project"). The Defendant indicated the unregistered building without permission, such as the attached list, on the ground of Kimcheon-si D located within the instant project zone (the above D land was owned by E and F, and the above land and building was indicated as the instant land and building; hereinafter the above land and building are indicated as the instant building.

2) On June 29, 2008, the Plaintiff purchased the instant building from the Defendant to the two clans, the co-owners of the instant land. On July 22, 2009, the Plaintiff agreed to purchase the instant building from the Defendant for KRW 70 million, and the down payment was to pay KRW 63 million on the date of the contract, and on the date of the business authorization, after the business authorization. As a special agreement, the Defendant ordered the Plaintiff to order the said building until September 30, 2009.

The sales contract between the plaintiff and the plaintiff for the building of this case is "the sales contract of this case".

(3) On December 29, 201, Kimcheon-cheon notified the implementer designation and implementation plan of the instant project. On November 13, 2012, the Plaintiff completed the registration of ownership transfer on the instant land, etc., and on the same day, the Defendant paid all the purchase price stipulated in the instant sales contract to the Defendant.

4. On the other hand, the defendant occupies the building of this case until now.

B. According to the above facts of determination as to the cause of the claim, the Defendant, who received the full payment under the instant sales contract, shall order the Plaintiff to order the instant building, barring special circumstances.

2. Judgment on the defendant's assertion

A. The defendant's assertion as to the formation of a contract.