건물등철거
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On August 23, 2009, the Plaintiff sold to Nonparty E the amount of KRW 443 square meters in Pyeongtaek-si F, and KRW 574 square meters in G prior to G (hereinafter “instant land”) owned by the Plaintiff for the total purchase price of KRW 600 million. The Plaintiff was paid KRW 10 million on the date of the contract, and the intermediate payment of KRW 340 million was paid on September 11, 2009, and the remainder amount of KRW 250 million was paid on December 30, 2009.
(hereinafter “instant sales contract”). B.
E obtained the Plaintiff’s consent to use the instant land for the purpose of constructing a new building on April 1, 2010, newly constructed each of the buildings listed in the separate sheet (hereinafter “instant building”) on the instant land before the date of the instant sales contract, and completed the registration of initial ownership in H’s name as to the instant building on the same day.
C. However, as stipulated in the instant sales contract, E merely paid part payments to the Plaintiff, but did not pay any balance on the original agreed date, with the Plaintiff’s consent, and the remaining payment date was extended twice on February 10, 2010, and again on March 12, 2010, but the remainder was not paid until March 12, 2010.
On March 12, 2010, the Plaintiff declared that the instant sales contract will be rescinded on the ground of the Plaintiff’s failure to perform its obligation to pay the remainder, and the Plaintiff’s declaration of intent reached E around that time.
E. Meanwhile, as to the instant building on July 19, 201, at the creditor I’s request, a compulsory auction was commenced at Suwon District Court’s Sejong District Court level. Defendant C and D purchased 1/2 shares of the instant building on September 19, 201 and completed the registration of transfer of ownership on November 27, 2012. Defendant B leased the instant building from E before the commencement of the instant auction procedure and possessed it until now.
[Ground for Recognition: A without dispute, Gap 1 through 3, and 6 (a serial number).