beta
(영문) 서울서부지방법원 2017.04.13 2015나2113

건물명도

Text

1. The amendment of the Plaintiff’s primary purport of the claim is as follows.

Reasons

1. Facts of recognition;

A. The plaintiff's East M and the defendant's mother I are the deceased's temporary village, and the defendant and E are the children of I.

B. M and I constructed, as a joint investment, multi-household housing of the Seoul Mapo-gu F, G ground 2, and ground 4th floor (multi-household housing is “N,” and real estate listed in the attached list is a partitioned building, and this case’s partitioned building is referred to as “the instant partitioned building”). For the purpose of raising N Site Purchase Fund, M and I set up three-mortgage-mortgage-mortgage-mortgage-based mortgage-based loans of KRW 210,00,000 among E share among the 595 square meters, Yongsan-gu Seoul Metropolitan Government P 19.4/180 square meters and Q&A (hereinafter “P housing”).

C. M and I agreed to share N in 1/2 shares, and on November 21, 2003, M and I made a registration of preservation of ownership in the Plaintiff’s name, and I made a registration of preservation of ownership in the name of E. D.

On November 3, 2004, I, acting for M and E, agreed to arrange the Plaintiff’s share of N as follows:

(hereinafter referred to as “N-Adjustment Arrangement”). (1) M shall delegate to E the authority for its shares with respect to N.

(2) E shall provide M with documents for establishment of provisional registration and principal registration with respect to P housing as security therefor.

③ E shall repay KRW 150,00,000,000, out of the investment principal of N 200,000,000,000 of the equity investment principal of N, as of November 30, 204, and the remainder of KRW 50,00,000 shall be redeemed after consultation with M.

(4) M shall terminate a provisional registration of a P house immediately without any condition, if E faithfully fulfills the above contents.

E. On November 30, 2004, E paid KRW 150,000 to the Plaintiff by November 30, 2004, but failed to carry out the payment, and among them, the first auction on P housing was conducted.

M and I agreed that M will prevent the first auction, but I agreed that M will have completed the registration of ownership transfer on P housing.

F. Accordingly, M and E determine the purchase price as KRW 90,00,000 for P housing on January 18, 2005, as follows: