건물명도(인도)
1. The plaintiff (Counterclaim defendant) shall support the Suwon District Court with respect to the real estate stated in the separate sheet C.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On March 2011, the Plaintiff and the Defendant entered into a contract with D to purchase real estate listed in the separate sheet (hereinafter “instant real estate”) from D with the price of KRW 210 million (hereinafter “instant sales contract”).
B. Around June 21, 2011, the Defendant paid C the intermediate payment of KRW 90 million to C.
C. Around June 2011, the Plaintiff and the Defendant moved into the instant real estate and lived together with them. The Plaintiff removed the instant real estate from around March 2018.
Meanwhile, around November 25, 201, the Plaintiff and C drafted a new contract on the instant sales contract. On December 5, 2011, the Plaintiff completed the registration procedure for the transfer of ownership on the ground of sale and purchase on November 25, 2011, with the head of Suwon District Court, Sung-nam Branch Office, Sung-nam Branch Office of Gwangju District Court, as the receipt of No. 78636, Dec. 5, 2011. On the same day, the Plaintiff paid the remainder of the instant sales contract by receiving a security loan of KRW 120 million from E, and completed the registration for the establishment of mortgage over the instant real estate with the maximum debt amount of KRW 132,00,000,000,000, which is the mortgagee E
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 1 to 6, Gap's response to the order to submit financial transaction information to Eul, the purport of the whole pleadings
2. Summary of the parties' arguments;
A. The Plaintiff purchased the instant real estate from C with the amount of KRW 120 million donated by the Plaintiff’s Plaintiff and the amount of KRW 100 million received from the Plaintiff Company E in the name of the Plaintiff, and the Defendant did not withdraw from the instant real estate despite the Plaintiff’s request. As such, the Defendant should return the amount equivalent to the rent from the date of receipt of the request for eviction to the Plaintiff as unjust enrichment.
B. The Defendant decided that the buyer under the name of the Plaintiff between D and D, the seller of which was represented by C, and the instant real estate is located.