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(영문) 서울북부지방법원 2015.05.13 2014가단49989

건물명도

Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

1. Facts of recognition;

A. On June 11, 2010, the Plaintiff entered into a sales contract with Defendant B to sell D forest land 2,167 square meters and E forest land 643 square meters (hereinafter “1 land” and “2 land”) in the purchase price of KRW 340 million on the following terms:

(hereinafter “instant sales contract”). The down payment of KRW 20 million shall be paid at the time of the contract.

The intermediate payment shall be made on June 25, 2010 with the real estate listed in the attached list (hereinafter referred to as the "real estate of this case"), and the land price shall be determined as KRW 25 million per square year and settled.

Any balance shall, if necessary, be paid on December 31, 2010.

this Agreement shall become null and void if it is not possible to obtain a construction permit.

(Matters agreed between both parties). In the event of the cancellation of this Agreement, penalty of KRW 100 million shall be paid.

B. Defendant B paid the Plaintiff the down payment of KRW 20 million on the day of the contract, and completed the registration of ownership transfer on the instant real estate on June 17, 2010, which was prior to the date of the intermediate payment payment.

C. The Plaintiff completed the registration of Defendant B’s right to claim ownership transfer on June 1, 2010 and June 2, 2010 for the purpose of preserving the order of priority in the ownership transfer of Defendant B with respect to land 1 and 2. Defendant B transferred the right to claim ownership transfer registration of land 1 and 2 to F on March 23, 201 and completed the additional registration prior to the provisional registration on March 25, 201.

Defendant B constructed the second floor house from July 2010 to October 2010 on the ground of land, and additionally installed containers around November 2010.

E. The Plaintiff did not permit the construction of a new building on the land 1 and 2, and thus, the instant sales contract became null and void due to the fulfillment of the terms of rescission, and the Defendant B removed the two-story housing and containers on the land 1 and 2, delivered by the Defendant B, and completed the procedure of cancelling the registration of the right to claim ownership transfer, and F performed the procedure of cancelling the registration of the right to claim ownership transfer on the land 1 and 2.