건물명도
1. The Defendant (Counterclaim Plaintiff) receives KRW 54,000,000 from the Plaintiff (Counterclaim Defendant) and redeems it.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff completed the registration procedure for transfer of ownership from the Defendant on April 26, 2007, as the Busan District Court Branch No. 83855, Jun. 21, 2007, with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”).
B. As above, the Defendant completed the registration of transfer of ownership of the instant real estate to the Plaintiff, and has possessed the instant real estate up to now.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1-1, 2, and 3, and purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff’s assertion is the owner of the instant real estate, and the Defendant is obligated to deliver the said real estate to the Plaintiff, and to pay the remainder of the sales amount remaining after deducting 54 million won from the sales amount due to the possession of the said real estate in return for unjust enrichment.
B. 1) In light of the above facts, the Defendant, the possessor of the instant real estate, is obligated to deliver the instant real estate to the Plaintiff, the owner of the instant real estate, barring any special circumstances. As to this, the Defendant is obligated to deliver the instant real estate to the Plaintiff. As to this, the instant real estate is KRW 400 million, and the instant real estate is deemed as KRW 9,917 square meters and D forest land 9,917 square meters (hereinafter collectively referred to as “the instant
Based on the premise that the Plaintiff sold the instant real estate and each forest land to KRW 450 million in total, KRW 50 million, the Plaintiff cannot accept the Plaintiff’s claim since the Plaintiff was unable to receive the remainder of KRW 175 million from the Plaintiff. As such, the evidence submitted by the Defendant alone sold the instant real estate and each forest land to the Plaintiff at KRW 450 million.
It is insufficient to recognize the fact that the purchase price that the Plaintiff paid to the Defendant is KRW 175 million, and there is no other evidence to acknowledge it.
However, the plaintiff is unpaid to the defendant.