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(영문) 대구지방법원서부지원 2014.11.27 2014가단21834

건물명도등

Text

1. The defendant is the plaintiff (appointed party) and the successor.

(a) Attached Form 1 among the first floor of the real estate listed in the Attached List.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 2.

On April 18, 2014, the Plaintiff (Appointed Party) and the designated parties entered into a sales contract with the Defendant to purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) for KRW 540 million (hereinafter “instant sales contract”). From April 18, 2014 to July 17, 2014, the Defendant agreed to allow the Defendant to reside on the third floor of KRW 156.58 square meters, among the instant real estate in which the Defendant resides, for three months from April 18, 2014 to July 17, 2014, and deduct the monthly tax of KRW 2.4 million (=80,000 per month x 3 months) from the sales price.

B. On April 23, 2014, the Plaintiff (Appointeds) and the Appointeds completed the registration of ownership transfer with respect to each of the instant real estate shares on a full payment of the purchase price stipulated in the instant sales contract.

C. Notwithstanding the agreement stipulated in the instant sales contract, even after the expiration of July 17, 2014, the Defendant still did not deliver to the Plaintiff (Appointed Party) and the 156.58 square meters of the portion on the ship (A) and the 3-story of the instant real estate, which connected each point in the order of indication 1, 2, 3, 4, and 1 of the attached drawings among the 1st floor of the instant real estate.

2. According to the facts of the above recognition, the Defendant is obligated to deliver the portion (A) of the attached Form No. 1, 2, 3, 4, and 1 among the first floor of the instant real estate to the Plaintiff (designated parties) and the designated parties in turn, and the third floor of the instant real estate of 156.58 square meters, which are 68.71 square meters and 156.58 square meters per month from July 18, 2014 to the completion date of delivery of the third floor of the instant real estate of 156.58 square meters, and to pay the amount equivalent to 800,000 won per month as unjust enrichment.

3. In conclusion, the claim of this case by the plaintiff (appointed party) and the appointed party is reasonable, and it is so decided as per Disposition.