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(영문) 광주고등법원 2019.07.12 2018나25358

건물명도(인도)

Text

1. The part of the judgment of the court of first instance regarding the counterclaim shall be revoked, and the counterclaim of the defendant (Counterclaim Plaintiff) C shall be dismissed.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The 1st sales contract of the instant case is concluded only by the Plaintiff (ex officio, hereinafter “Plaintiff”).

(1) On June 1, 2016, Defendant C and each of the real estates listed in the [Attachment 1] List, the Plaintiff owned by the Plaintiff (hereinafter “each of the instant real estates”) with Defendant C, and the real estate listed in paragraph (3) of the same Schedule is “instant factory.”

(3) As to the sales contract for KRW 6.5 billion (hereinafter “first sales contract of this case”)

The instant sales contract was concluded. The main contents of the instant sales contract are as follows. The “A” refers to the Plaintiff, and “B” refers to the Defendant C. Article 2: 650 million won: the intermediate payment is paid in cash on June 30, 2016: (a) the intermediate payment is paid in cash on August 31, 2016: The remainder amount of KRW 3.85 billion: (b) the payment is paid in cash on October 31, 2016; (c) the remainder amount of KRW 2.85 billion; and (d) the obligation amount of KRW 1.6 billion for which “A” holds existing financial rights; and (e) the remainder amount of KRW 2.25 million shall be paid in cash; and (e) the ownership transfer shall be promptly issued to “A” as necessary documents for registration.

Article 3(1) “A” and “B” shall take measures to ensure that at the time of entering into this Agreement with “B” and the companies designated by “B” and “B” enter into all kinds of manufacturing and manufacturing operations as of the date of the contract. Article 8(1) of the contract termination and penalty 1) If “A” or “B” unilaterally violate the matters specified in this sales contract without justifiable grounds, the contract may be terminated.

2) In the case of paragraph (1) of the same Article, if “A” is in breach of contract, the amount double the contract amount shall be compensated to “B”, and if “B” is in breach of contract, the contract amount shall not be refunded.

2 Defendant C shall be the Plaintiff from July 4, 2016 to August 25, 2016.