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(영문) 서울중앙지방법원 2014.11.13 2013가단202937 (1)

건물명도 등

Text

1. The defendant, among the buildings listed in paragraph (1) of the attached Table Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12.

Reasons

1. Facts of recognition;

A. A. Around October 2010, the Plaintiff entered into a construction contract with the Defendant, and the Plaintiff entered into a construction project with respect to remodeling construction of the part (A) of the attached Table No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 11 of the attached Table No. 1, among the buildings listed in paragraph (1) of the attached Table No. 1 of the attached Table No. 1 which the Plaintiff owned by the Defendant, and had C construct the instant building.

B. On May 18, 201, the Plaintiff concluded a conditional sales contract with the Defendant for the instant building (hereinafter “instant sales contract”) with respect to the following, as the Plaintiff did not receive construction cost from the Defendant even after completing the construction of the instant building.

Article 2 In the sale of the above real estate (the building in this case is reached), the defendant who is the first owner after being registered in the registration number of the Dongjak-gu Office (11590-17507) of the above indication (11590-17) shall be determined as "A" and "B" shall be determined as "B" and "B" shall be paid for the construction cost agreed to "B".

Article 3 The following part of Party A recorded in the registration number of the Dongjak-gu Office of the said real estate (11590-17507) shall be assigned to Party B the authority (a superficies) from May 18, 2011 to May 18, 2013 (2 years).

Article 5 In respect of the above real estate within the period of transfer of superficies, Gap shall settle the principal and interest rate of the above construction cost at any time to Eul (the interest rate of the principal shall be applied at the rate of 8% per year) and its effect shall be extinguished (the interest rate of the principal shall be applied to the rate of 8% per annum). If Gap cannot pay the principal and interest to Eul by the time of the transfer of superficies of the above real estate by the time of the transfer period of superficies of Article 6, all powers shall be made

Article 7 The above Article 7 (A) applies the interest rate of Article 5 to the purchase price of KRW 1,00,000,000, which was agreed upon to the Eul, and deposits or pays the above real estate to the Eul at the time of deposit by May 18, 2013.