beta
(영문) 청주지방법원 2018.09.12 2017가단5198

건물명도 등

Text

1. The defendant shall appoint the plaintiff (the appointed party and the appointed party) and the appointed party C:

(a) deliver the real estate listed in the separate sheet;

Reasons

1. Basic facts

A. On October 11, 2002, D Co., Ltd. (hereinafter “D”) purchased the instant land for the purpose of constructing a apartment house on the ground surface owned by the Plaintiff (Appointed Party) and the Appointor C (hereinafter “Plaintiffs”) (hereinafter “Plaintiffs”) and the Appointor C (hereinafter “Plaintiffs”) for the purpose of constructing a new apartment house on the land surface of Cheongju-gu, Seodong-gu, Seodong-gu, Seoul (hereinafter “instant land”), and paid a down payment and an intermediate payment to the Plaintiffs, but did not pay any balance.

B. After that, D, around August 4, 2003, delegated all rights concerning the construction of the said tenement house to F, and F again transferred all rights related to the new construction to G, etc.

C. On March 23, 2004, G et al. established H and completed the new construction of the said apartment house on August 2004, but it was impossible to pay the purchase and sale balance to the Plaintiffs. On August 4, 2004, G et al. agreed to determine the land price to be paid to the Plaintiff by G et al. as KRW 389 million and, if it is not paid until December 30, 2004, three families including real estate stated in the separate sheet (hereinafter “instant real estate”) will belong to the Plaintiffs in accord and satisfaction.

According to the above agreement between the plaintiffs, G, etc., the plaintiffs completed registration of initial ownership on September 13, 2004 as to the real estate of this case by Cheongju District Court No. 66096.

(1/2 of each of the plaintiffs' equity interests). (e)

The Plaintiffs sent to G and F the amount appraised by way of the settlement method for attribution of mortgaged real estate, as the Plaintiffs failed to pay the agreed balance in various construction-related lawsuits, including construction cost and personnel expenses, to G and F, through the settlement method for attribution. On December 15, 2014, in order to liquidate through the settlement method for attribution, the Plaintiffs sent the amount appraised by the settlement method for attribution of mortgaged real estate to G and H. The content certification reached around December 17, 2014 for G and others.

F. Meanwhile, on the other hand.