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(영문) 대구지방법원 2020.02.04 2019가단126478

건물명도(인도)

Text

1. The Plaintiff:

(a) Defendant B shall deliver each real estate listed in [Attachment 1, 2, and 3] to Defendant B;

B. Defendant C.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment improvement project association established to implement a housing redevelopment improvement project (hereinafter “instant project”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which designates the 26,712 square meters of the Daegu Jung-gu Seoul Special Metropolitan City as a project implementation district (hereinafter “instant improvement zone”), and obtained authorization for the establishment of the association from the head of the Gu in Daegu Metropolitan City on July 21, 2014. The authorization was publicly announced on April 20, 2018 after obtaining authorization for the implementation of the project on April 17, 2018, and the said authorization was publicly notified on February 28, 2019 upon receiving the approval for the management and disposal plan on February 25, 2019.

B. Each real estate and its site listed in attached Tables 1, 2, and 3, located within the instant rearrangement zone, are owned by Defendant B church (hereinafter “Defendant church”). The real estate and its site listed in Paragraph 4 of the same Schedule are owned by Defendant C; each real estate and its site listed in paragraphs 5 and 6 of the same Schedule are owned by Defendant D; the real estate and its site listed in paragraphs 7 of the same Schedule are owned by Defendant E. The real estate and its site listed in paragraph 7 of the same Schedule are owned by Defendant E.

(hereinafter referred to as the "sub-building" according to the sequence of real estate listed in the separate sheet, and the total "each of the instant buildings" shall be referred to as the "each of the instant buildings").

On July 16, 2019, the Plaintiff entered into a contract between Defendant D on the purchase of the building Nos. 5, 6, and 122.3 square meters in Jung-gu, Daegu-gu, which is its site, for the purchase of the building Nos. 5, and 122.3 square meters in total with Defendant D until November 5, 2019 (hereinafter “instant agreement”).

According to the instant agreement, the Plaintiff paid Defendant D totaling KRW 395,500,000 as down payment and intermediate payment from July 16, 2019 to December 17, 2019, and requested Defendant D to deliver the remainder of KRW 169,50,00 to the Plaintiff at the same time with payment, while preparing for the remainder of KRW 169,50,000. Defendant D demanded the Plaintiff to increase the price.