건물명도(인도)
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
3. The judgment of the court of first instance is ordered.
1. Basic facts
A. The Plaintiff is the owner of a 568.72 square meters of the ground floor among the real estate indicated in the attached list (hereinafter “instant building”), and the Defendant is the owner of the 775.7 percent share of 4573.8 square meters in Kimpo-si, Kimpo-si (hereinafter “instant land”).
On September 22, 2015, the instant land was set up by the maximum debt amount of KRW 260,000,000, and by the collateral security (hereinafter “mortgage”) which is the debtor, the defendant, and the association of the mortgagee.
B. On January 13, 2017, the Plaintiff and the Defendant entered into an exchange contract with the terms “right to lease of the instant building” and “ownership of the instant land” (hereinafter “instant exchange contract”). The key contents are as follows.
(A: the Plaintiff, B: the Defendant: the instant building - deposit: 200 million won (in addition tax and management expenses)
2. Goods exchanged B: The land in this case - Loans: KRW 200 million (actual amount, D associations).
3.B shall pay the difference in water exchange for the above goods to A as follows:
- Exchange 70,000,000 down payment of KRW 20,000: The payment shall be made on January 13, 2017 and the balance shall be 50,000,000,000: A and B shall transfer all the documents required for the registration of transfer of ownership to the other party simultaneously with the receipt of the balance of the exchange difference; provided that there is no exchange difference, they shall exchange all all the documents on the date of exchange of goods and deliver real estate between A and B, respectively.
The special agreement - A shall succeed to the loans of 200 million won by the balance date.
- The seal impression for sale shall be reissued only once to a person designated by A.
- Section B is not responsible for the restoration of the facility to its original state upon expiration of the lease.
- A contract, including all equipment, shall be selected and succeeded to in part.
C. On January 18, 2017, the Plaintiff and the Defendant concluded a lease agreement with the Defendant to lease the instant building (hereinafter “instant lease agreement”). The key contents are as follows.
Lease deposit: The rent of KRW 200,000,000: monthly, 3,000,000 shall be monthly.