원상회복 청구의 소
1. The Defendant received on June 28, 2010 from the Plaintiff on the Daejeon District Court, Jin-si, Daejeon District Court.
1. Facts of recognition;
A. On March 3, 2010, the Defendant filed a claim with the Plaintiff for the purchase of the site for urban planning facilities regarding C land and above land and above land and above land and building.
In the above land C, the land of this case was divided.
B. On June 18, 2010, the Plaintiff and the Defendant entered into a contract for sale, transfer, removal, or agreement (hereinafter “instant contract”) with respect to the instant land and the instant land-based building (hereinafter “instant building”) (hereinafter “instant contract”). The main content is that the Plaintiff shall pay the Defendant the sum of KRW 71,984,000 as compensation for losses for the instant land and the building, and the Defendant shall transfer, remove, or waive the instant building by March 10, 201, by exceeding the ownership of the instant land.
Meanwhile, Article 5 subparag. 3 of the instant contract provides that the Plaintiff may rescind the instant contract after a considerable period of time, where the Defendant did not deliver the object or transfer, remove, waive rights, etc. of obstacles.
C. The Plaintiff completed the registration of ownership transfer on the instant land on June 28, 2010, and paid the Defendant KRW 71,984,000 in total, including KRW 35 million on June 30, 2010, and KRW 36,984,00 on July 2, 2010.
However, the defendant did not remove or deliver C-ground buildings after March 10, 201.
On December 7, 2011, December 8, 2011, 201, August 31, 2012, 201, May 12, 2014, and March 15, 2018, the Plaintiff sent to the Defendant a letter demanding the removal or relocation of each building of this case.
E. The Plaintiff expressed in the instant complaint the Defendant’s intent to cancel the instant contract on the grounds of the Defendant’s nonperformance of delivery of the instant building, and the duplicate of the complaint reached the Defendant on May 30, 2018.
[Based on recognition] Each entry of Gap evidence Nos. 1 and 7 (including each number), images, and the purport of the whole pleading
2. Comprehensively taking account of the above facts acknowledged, the instant contract is the Plaintiff’s right to rescind the agreement on the ground of the Defendant’s nonperformance of delivery of the instant building.