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(영문) 부산지방법원 2015.09.24 2015가합43274

건물명도

Text

1. The defendant shall be the plaintiff.

(a) order the real estate listed in the separate sheet;

(b) from March 12, 2015, entry in the separate sheet.

Reasons

Basic Facts

A. On June 25, 2014, the Plaintiff entered into a sales contract (i.e., (ii) purchase price of KRW 7,200,000,000 (i.e., payment of KRW 6,200,000 at the time of the contract, and the remainder of KRW 6,200,000,000 (payment on July 31, 2014) on the purchase price of KRW 1507-4, 897 square meters for land in Busan Seo-gu, Busan (hereinafter “instant land”) and real estate listed in the separate sheet (hereinafter “instant building”).

On the same day, the Plaintiff paid the Defendant the down payment of KRW 1,000,000.

B. Since then, the Plaintiff and the Defendant, upon delay in cancelling the right to collateral security established on the instant land and building, decided to change the payment date of the remainder to February 16, 2015, to February 16, 2015, drafted a new sales contract for the instant land and building (No. 3-2, hereinafter “the second sales contract”) and added the following special terms.

Matters of special agreement

5. He/she shall, while completing the registration of ownership transfer in the name of a buyer, lease the subject matter of this sale to a seller;

Rental deposit: 200,000,000 won for monthly rent: 35,000,000 won (excluding value-added tax), and the lease period: 10 months);

6. Any balance remaining after deducting 200,000,000 won for rental deposit under the above five (5) shall be paid at the time of the payment of any balance.

11. The sales contract was concluded on June 25, 201, and was concluded on July 31, 2014, and concluded to register the transfer of ownership by paying any balance on July 31, 2014. However, the sales contract was renewed again by extending the remainder due to the seller’s circumstances that the registration of creation of collateral security was not cancelled.

Afterwards, the Plaintiff and the Defendant intend to change the purchase price into KRW 6,850,00,000 (contract amount of KRW 1,000,000,000, the remainder of KRW 5,850,000) through settlement with the existing movable sale price, and new land and buildings of this case.