건물명도
1. Of the instant counterclaim, the procedure for registration of cancellation of the registration of the establishment of a neighboring mortgage added by the Defendant (Counterclaim Plaintiff) in this Court.
1. Basic facts
A. On June 23, 2004, with respect to the building No. 1 and its site (hereinafter “instant land No. 1”), the Plaintiff completed the registration of ownership transfer on April 11, 2005 with respect to the instant building No. 2 and its site (hereinafter “instant land No. 2”).
B. On May 28, 2015, the issue of whether each of the instant land No. 1 and the instant land No. 2 (hereinafter collectively referred to as “each of the instant land”) was included in each of the instant buildings subject to sale is unclear solely with the sales contract.
B concluded a contract to sell KRW 1,700,000 (hereinafter “the previous contract”), and the Defendant, with the consent of the Plaintiff on November 2, 2015, decided to succeed to the status of purchaser under the previous contract from C, but did not perform as scheduled to pay the purchase price.
C. On December 10, 2015, G [the representative F of the company (the same as the representative of the defendant)] remitted KRW 185,860,000 to the Plaintiff on December 10, 2015, there is no dispute between the parties as to the fact that KRW 170,000,000 for the purchase of each of the instant land, etc. is the down payment.
[Plaintiff’s preparatory brief (seven pages) dated August 29, 2017, and Defendant’s preparatory brief (three pages) August 21, 2018]. D.
The Plaintiff and the Defendant do not dispute between the parties that the document No. 2-1 (a sales contract), No. 4-1 (a sales contract), and No. 4-2 (a sales contract) were prepared on the same day as the date on which the document No. 2-1 (a sales contract) was prepared on January 22, 2016 (a sales contract) was prepared on the same day as the date on which the document No. 20
[Plaintiff’s preparatory brief (second) dated 16, 2018, Defendant’s preparatory brief (third and fourth pages) on August 21, 2018] A, a sales contract or reverse contract (No. 2-1, A No. 4-1, and A No. 4-2) as follows:
The seller-Plaintiff and the purchaser-Defendant sales target: The purchase price for each of the instant land and each of the instant building: 1,900,000,000 won: the Plaintiff.