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(영문) 수원지방법원 2016.04.14 2015가단115523

토지인도

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The current status of each of the instant lands and buildings 1) On July 9, 2008, Jinjin-si, which is the land before subdivision, divided into each of the instant lands on July 9, 2008. (2) The Plaintiff is the owner of each of the instant lands, and the Defendant was constructing each of the instant buildings on its ground since October 8, 2008.

B. Around March 6, 2008, the Plaintiff made a sales contract with the Defendant to pay KRW 60 million on the day of the contract as the purchase price and KRW 60 million on the land before subdivision as the down payment, and the intermediate payment of KRW 60 million on the day of the contract. The Defendant made a sales contract to sell the remainder of KRW 480 million after three months after the authorization and permission was granted. (2) The Plaintiff and the Defendant additionally paid KRW 150 million on the purchase price of the instant case following the above contract. The Defendant prepared a loan certificate for the increased KRW 1.50 million on the land before subdivision, and set up a collateral security right for the said increased KRW 2 million on the land before subdivision, and the Defendant paid KRW 150 million on the monthly basis, and the Defendant terminated the mortgage agreement to terminate the contract where the Defendant redeems KRW 1550 million on the land before subdivision.

3) Around March 13, 2008, the Plaintiff drafted a sales contract with the Defendant to partially add the terms and conditions of the above sales contract. Of them, the following are the parts related to the instant case:

2. The Defendant paid to the Plaintiff the interest of KRW 2 million per month for the remainder of KRW 150 million, and created the collateral security at KRW 130,000 per annum immediately before the ownership of the land was transferred.

3. The Defendant cannot raise an absolute objection to the monthly interest (2 million won) that the Plaintiff pays to the Plaintiff even if he/she takes legal measures in arrears for three months.

4. The plaintiff provides the defendant with necessary documents for bank loans and provides the land as security.

5. The defendant shall pay the balance of land purchase and sale to the plaintiff immediately after a loan occurs after the approval and permission of the scrapping place.

6. The plaintiff is actively required for the approval and permission of the scrapping place to the defendant.