건물인도 등
1. The Defendants are recorded in the attached list to the Plaintiff at the same time when Defendant B received KRW 24,00,000 from the Plaintiff.
1. Basic facts
A. On June 19, 2008, the Plaintiff and Defendant B reported marriage on June 19, 2008, but the agreement was married on May 1, 2013, and Defendant C is the mother of Defendant B.
B. Defendant B, as the owner of the instant apartment, engaged in community life in the instant apartment with Defendant C, and entered into a contract with the Plaintiff on April 6, 2015 to sell the said apartment.
(hereinafter “instant sales contract.” According to the instant sales contract, the Plaintiff and the Defendant paid KRW 65,00,000 to the Defendant, on condition that the Plaintiff assessed the secured debt of the right to collateral security established on the said apartment as KRW 41,00,000 and acquired the remainder of KRW 24,00,000,000.
C. The Plaintiff deposited KRW 24,00,000,000 to be directly paid to Defendant B in the contract on the day of the conclusion of the instant sales contract, but directly withdrawn the said money on the day.
In addition, Defendant B implemented the registration procedure for ownership transfer of the above apartment on the same day to the Plaintiff.
Meanwhile, the Plaintiff repaid the secured debt of KRW 41,000,000 on the instant apartment by November 11, 2015.
The defendants have resided in the apartment of this case until the closing date of the argument of this case.
[Judgment of the court below] The ground for recognition is without dispute, Gap evidence Nos. 1-5, Eul evidence No. 1, and the purport of the whole pleadings
2. The parties' assertion
A. Although the actual purchase price stipulated in the Plaintiff’s sales contract was fully paid to Defendant B (the Defendants returned to the Plaintiff that Defendant B would not receive it). Since the Defendants did not deliver the said apartment, the Defendants should deliver the said apartment to the Plaintiff.
B. The Plaintiff did not pay KRW 24,000,000 out of the purchase price of the instant apartment. Thus, Defendant B cannot deliver the said apartment until receiving the said money from the Plaintiff.
3. Prior to the determination.