토지 및 건물인도 등
1. The Defendants jointly do so to the Intervenor succeeding to the Plaintiff:
A. Defendant C is entitled to return KRW 10,148,176 from the Plaintiff.
1. Basic facts
A. The Plaintiff was awarded a successful bid of the instant gas station in the voluntary auction procedure by the Chuncheon District Court E., and completed the registration of ownership transfer after full payment of the price on February 27, 2015.
B. The Plaintiff was rendered a ruling on March 23, 2015, ordering the Defendant C, the former owner of the instant gas station, to issue an order of delivery to F by the Chuncheon District Court.
C. The Defendant C intended to purchase the gas station of this case from the Plaintiff in the amount of KRW 340 million, but did not pay the remainder after paying the down payment of KRW 40 million. Paragraph 2 of the special agreement provides that the seller shall return the down payment to the buyer in the event of cancellation.
The Plaintiff notified Defendant C of the cancellation of the sales contract on the ground that the intermediate payment and the balance are not paid by mail certified as of December 30, 2015, and applied for enforcement of the extradition order in January 2016. However, Defendant D leased the instant gas station from Defendant C on September 16, 2013, and did not complete its enforcement by asserting the right to possess the gas station of this case.
E. During the instant lawsuit pending, the Plaintiff sold the instant gas station to the succeeding intervenor, and completed the registration of ownership transfer on November 8, 2017.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 6, Eul evidence 1, the purport of the whole pleadings]
2. Determination as to the cause of claim
A. According to the above facts of recognition on the part of the claim for extradition, the defendants are obligated to deliver the gas station of this case to the succeeding intervenor, unless there are special circumstances.
However, as seen earlier, the Plaintiff and Defendant C decided to return the down payment of KRW 40 million in the event that the sales contract is terminated as agreed terms and conditions, the Defendants may refuse to deliver the gas station of this case until Defendant C receives a refund of KRW 40 million. This is related to simultaneous performance. As seen below, Defendant C’s down payment to be returned remains KRW 10,148,176.
b) the Commission;