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(영문) 서울동부지방법원 2018.05.03 2017가합103137

건물명도(인도)

Text

1. The defendant is subject to the execution of the procedure for the registration of ownership transfer concerning the real estate stated in the attached list No. 1 by the plaintiff.

Reasons

1. Basic facts

A. On May 24, 2016, the Plaintiff, including the conclusion of the instant exchange contract between the Defendant, and the Defendant entered into a real estate exchange contract with the purport of exchanging the real estate listed in the attached Table 1 (hereinafter referred to as “definite real estate”) owned by the Plaintiff, and the Seoul Songpa-gu Seoul Metropolitan Government building (hereinafter referred to as “C real estate”) and its ground, and real estate listed in the attached Table 2 (hereinafter referred to as “D real estate”). The main contents are as follows.

[Indication of Defendant's Real Estate] Objects: The appraised value of C's Real Estate: 4 billion won; the principal of the obligation to succeed: 1.7 billion won; the net value of 810 million won: The appraised value of D's Real Estate: 1.98 billion won: the appraised value of D's Real Estate: 1.98 billion won; the principal of the obligation to succeed: the principal of the obligation to succeed: 80 million won; the net value of the obligation to succeed: 1.17 billion won; the appraised value of the real estate to be sold; 6.5 billion won; the principal of the obligation to succeed: the net value of the obligation to succeed: 4.8 billion won; and the principal of the obligation to succeed: In the exchange of the above real estate under Article 1.7 billion won, the Plaintiff would pay the Defendant the net difference (hereinafter referred to as "exchange price") of the exchange property as follows:

Exchange proceeds: 950 million won: 400 million won shall be paid at the time of a contract and the balance shall be 550 million won shall be paid on June 30, 2016.

Article 2 The plaintiff and the defendant shall deliver all documents required for the registration of transfer of ownership to the other party simultaneously with the receipt of any balance of exchange proceeds, and the plaintiff and the defendant shall deliver

Article 3 If there is any reason to restrict the full exercise of ownership with respect to the above real estate, or if there is any unpaid tax, public dues and other installments for beneficiaries, the plaintiff and the defendant transfer the full ownership to Gap and Eul by removing the defects and burdens of the rights until the balance is received.

except in cases of rights and amounts agreed to succeed.

Matters of special agreement

6. The Plaintiff is authorized and permitted in relation to the real estate building in the instant case.