건물명도(인도)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Around October 2003, the Plaintiff entered into a sales contract for a building purchased from E and unregistered in the attached list (hereinafter “instant building”) with the Defendant, a wife, and received KRW 50,000,000 out of the purchase price from the Defendant around that time.
(1) The Plaintiff asserted that the purchase price of this case is KRW 65,00,000, and the Defendant is KRW 70,000,000, respectively, but there is no dispute as to whether the Defendant was the purchaser, and the amount of the purchase price does not affect the conclusion of the instant case, and the Plaintiff applied for the registration of ownership preservation in the F’s name on February 1, 2013, and completed the registration of ownership transfer in the name of the Plaintiff on the same day.
From the time of the instant sales contract, the Defendant occupied and used the instant house.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 3 and 4, the purport of the whole pleadings
2. The assertion and judgment
가. 쌍방의 주장 원고 ● 이 사건 매매계약은 피고가 2005년경 이 사건 주택을 비싸게 샀다며 철회를 요구하여 해제되었다.
The Plaintiff converted KRW 50,000,000 received from the Defendant to the lease deposit, and decided to lease the instant house to the Defendant until the Plaintiff returned KRW 110,000,000, taking into account the increase in the market price of the instant house, taking into account the increase in the market price of the instant house.
Since the Plaintiff’s lease contract was terminated by notifying the Defendant of the termination of the lease contract on or around December 20, 2015, the Defendant should deliver the instant house to the Plaintiff simultaneously with receiving KRW 110,00,000 from the Plaintiff.
Even if not, after the Defendant requested the rescission of the instant sales contract, the Plaintiff sought to immediately return KRW 50,000,000 received from the Defendant, but it is difficult to raise funds.