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(영문) 인천지방법원 2018.12.20 2014가합61179

건물명도

Text

1. The Plaintiff:

A. As to Defendant C’s share of 3/7, as to Defendant D and E’s share of 2/7, respectively, F. of Gyeyang-gu Incheon.

Reasons

1. Basic facts

A. The Plaintiff is a company established on March 10, 2006 to promote H urban development projects (hereinafter “instant urban development project”) in Gyeyang-gu, Incheon and 205 lots outside G, G, and 205 lots.

B. On March 24, 2006, the Plaintiff entered into a sales contract with the deceased B (hereinafter “the deceased”) and Defendant C, and with five parcels and one parcel owned by the Defendant C (hereinafter “instant land, etc.”) located within the land transaction permission zone, including the Plaintiff’s purchase price of KRW 26,14,206,00, respectively, for the total price of KRW 26,144,206,00 (hereinafter “instant sales contract”). The above sales price was determined to have been deposited into the account under the deceased’s name by dividing the remainder of KRW 18,30,94,00 as of the expiration of 30 days after the Plaintiff’s designation as the developer of the instant urban development project and the remainder of KRW 18,30,94,00 as of the date of the completion of the instant sales contract.

The Plaintiff paid KRW 7,843,262,00 to the Deceased around that time.

The main contents relating to the instant land in the instant sales contract are as follows.

Article 6 (Transfer of Ownership) The Deceased shall submit without delay all documents necessary for the registration of transfer of ownership at the time of receipt of any balance to the Plaintiff or to the person designated by the Plaintiff. 2) The Deceased shall notify the competent authority that no third party uses the name city electricity, water supply, gas facilities, etc. of the real estate sold without permission, and shall issue an order of closure after taking measures for closure.

3) In the event that a delay in the name of real estate sold by the deceased causes interference with the promotion of the Plaintiff’s business and causes damage to the Plaintiff, the deceased will compensate and be held responsible for the damage. 4) In the event of delay in the name of the deceased’s claims and debts, etc., the Plaintiff will be entitled to deduct the balance to be paid to the deceased from the balance paid by the deceased

Article 9 (Removal of the Site and Indication of Residents) 1 Deceased shall provide the Plaintiff with the land and buildings on the subject matter of sale at the same time as the remainder payment is made from the Plaintiff.