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(영문) 광주지방법원 장흥지원 2018.02.13 2017가합658

건물명도(인도)

Text

1. The defendant shall enter the part of the temple 69.12 square meters and paragraph (4) of the same list among the buildings listed in paragraph (3) of the attached Table 1 to the plaintiff.

Reasons

1. Basic facts

A. On May 20, 2013, the Plaintiff entered into the following sales contract (hereinafter “instant contract”) with the Defendant on each real estate listed in [Attachment 1] List 1, 2, and 3 (hereinafter “each real estate of this case”), which is owned by the Plaintiff.

The sale price and payment method - 230,000,000 won - the down payment of KRW 50,000,000 (payment) - The seller (the plaintiff and the plaintiff will pay on June 30, 2016) shall, at the same time, receive the full payment of the purchase price, conduct the procedures for the registration of transfer of ownership of each of the instant real estate to the buyer (the defendant and the defendant; hereinafter the same shall apply) and shall specify and deliver each of the instant real estate.

Expenses incurred in the registration procedure for transfer of ownership shall be borne by the seller, and the expenses incurred in the registration procedure shall be borne by the buyer.

If the seller has neglected the contract deposit, he shall compensate the buyer for the amount double the down payment with the penalty, and if the buyer has neglected the contract deposit, the right to return it shall be lost by deeming it a penalty.

The same shall also apply even after commencement of contract execution.

The right to collateral security established on each real estate of this case (the mortgagee C’s safe and maximum debt amount of KRW 26,00,000) shall be cancelled together with the payment of the remainder.

B. From the date of conclusion of the contract of this case, the Plaintiff permitted the Defendant to use each real estate of this case and the necessary bonds of this case, which are owned by the Plaintiff, rather than the object of the contract of this case, and the land indicated in attached Table 1 List 1, one of which is the relevant parcel, is the object of the contract of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, Eul evidence 2, 3 and 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the request for extradition

A. Although the contract of this case was terminated, the Defendant, which caused this part of the claim, shall be referred to as “the instant inspection” among the buildings listed in [Attachment 1 List 1 List 3, owned by the Plaintiff.