건물명도
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The 1st floor sculpture building 217.32 square meters, building 131 square meters, and 2nd floor reinforced concrete structure 78.3 square meters (hereinafter “the instant building”) located on the land located on the Nam-gu Seoul Metropolitan Government 344 square meters (hereinafter “the instant land”) at the port of port owned by the port of port (hereinafter “instant land”) are unregistered buildings.
B. The Plaintiff’s mother D purchased the instant building from E on September 1, 1988, and died on March 13, 2011 while he/she occupied, occupied, and used the instant land from the port of port. The Plaintiff inherited the ownership of the instant building solely through the agreement on the division of inherited property.
C. On March 17, 2011, the Plaintiff agreed to sell the instant building amounting to KRW 83,00,000 (hereinafter “instant sales contract”) to KRW 10 million received at the time of entering into a contract with the Defendant, and agreed to pay KRW 48 million, including the amount of overdue rent paid by the Defendant by subrogation, the expected amount of overdue rent paid by the Defendant, and the amount of the lease deposit refunded by the Defendant for the repayment of the lease deposit that the Defendant agreed to succeed, as the down payment on the same day. The Plaintiff agreed to receive KRW 35 million until April 30, 2011.
On March 28, 2011, the Defendant paid the overdue loan of KRW 20,201,390 instead of the overdue loan of KRW 20,201, and then changed the name of the lender of the instant land to the Defendant, and occupied the portion of the first floor of the instant building until now.
E. On April 12, 201, the Defendant: (a) paid the Plaintiff KRW 3 million; (b) KRW 5 million on May 13, 2011; and (c) KRW 1,568,000,000 on August 11, 201; (b) drafted a letter of loan stating that “the repayment period shall be determined by the end of February 30, 2012; and (c) borrowed KRW 10 million from the Plaintiff.”
F. The Plaintiff did not pay the remainder of the loan and the remainder, despite the payment date under the instant sales contract, and asked the Defendant for the overdue loan fee paid by the Defendant on behalf of the Defendant, after visiting the F Service Center at Port at Port P.S. F., the overdue loan paid by the Defendant was 20,201.