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(영문) 대전지방법원 천안지원 2017.02.21 2016가단8035

토지인도 등

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1. The defendant is against the plaintiffs:

A. Of the 188 square meters in Asan-si D, Asan-si, each point of the attached drawings indicated in the 1,2,3,4,5,6,7, and 1.

Reasons

1. Basic facts

A. Since 2005, the Defendant entered into a contract with the deceased E to use the land and buildings entered in the separate sheet (hereinafter “each real estate of this case”) owned by the deceased E for free (hereinafter “instant loan agreement”), and upon receiving delivery of each real estate of this case, used the 94 square meters of the 1st floor among each real estate of this case as a woodyard operated by the Defendant.

1. Building materials are stockpiled on the ground of “A” portion connected in sequence of each point among the land indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, and 1, and the building materials of the first floor among the instant real estate was leased to another person as a restaurant.

B. On September 24, 2015, the Plaintiffs completed the registration of transfer of ownership on each of the instant real estate on August 3, 2015.

C. On February 2, 2016, the Defendant delivered each of the instant real estate to the Plaintiffs by June 1, 2016, and the Defendant’s delivery of KRW 5,000,000 to the Plaintiffs until May 15, 2016, respectively.

6.1. By January, 600, each of the instant real estate was paid in two installments, and at the same time, agreed to immediately deliver each of the instant real estate to the Plaintiffs.

The Plaintiffs paid KRW 2,00,000 to the Defendant on May 16, 2016, and intended to pay KRW 3,000,000 for the remainder of the director’s expenses on June 1, 2016, but the Defendant did not pay KRW 3,00,000 for the remainder of the director’s expenses.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. As seen earlier, the Defendant’s determination on the claim 1’s request for extradition regarding the cause of the claim is as follows: (a) the Defendant agreed to deliver each of the instant real estate to the Plaintiffs by June 1, 2016; and (b) therefore, it is reasonable to deem that the instant loan agreement was terminated at least by the agreement on June 1, 2016.

Therefore, the defendant is therefore on board.