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(영문) 의정부지방법원 2016.10.11 2015가단8414

건물명도

Text

1. Defendant B jointly with Defendant C, and the Plaintiff:

(a) deliver each real estate listed in separate sheet Nos. 2 and 3;

Reasons

1. Facts of recognition;

A. On May 31, 1996, Defendant B completed the registration of ownership transfer on the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) due to sale and purchase on March 18, 1996, and completed the registration of ownership transfer on the real estate listed in paragraph (2) of the attached Table No. 2 of the same day (hereinafter “instant building”).

B. On May 31, 1996, Defendant B registered himself as the owner of the ordinary building ledger of the building listed in the attached Table No. 3 on the ground of the instant land (hereinafter “instant unregistered building”), but did not complete the registration of preservation of ownership as to the instant unregistered building.

C. On July 30, 2014, Defendant B concluded a sales contract with the Plaintiff to sell the instant land to the Plaintiff at KRW 121,219,200 (payment of KRW 50 million on July 30, 2014, the intermediate payment of KRW 50 million, the payment of KRW 50 million on July 31, 2014, and the payment of KRW 21,219,200 on August 31, 2014). However, the Plaintiff agreed to pay KRW 21,219,200 as well as the remainder of KRW 21,219,200 on the instant land.

In addition, on July 31, 2014, Defendant B completed the registration of ownership transfer of the instant land in the name of the Plaintiff according to the above sales contract.

On January 8, 2015, Defendant B entered into a sales contract with the Plaintiff to sell the instant building in KRW 1 million. On January 9, 2015, Defendant B completed the registration of ownership transfer in the name of the Plaintiff regarding the instant building in accordance with the said sales contract.

E. On January 8, 2015, Defendant B concluded a sales contract between the Plaintiff and the Plaintiff to sell the instant unregistered building at KRW 2 million.

F. The Defendants from July 2014, when the Plaintiff entered into a sales contract with Defendant B on the instant land, up to now.