건물명도(인도)
1. The plaintiff's appeal is dismissed.
2. Of the appeal costs, the part pertaining to the participation in the appeal is the intervenor joining the Plaintiff.
The reasoning of the judgment of the court of first instance, which the court should explain, is the same as the reasoning of the judgment of the court of first instance, except for the following “the second instance order”. Thus, this is acceptable pursuant to the main sentence of Article 420 of the Civil Procedure Act. The fifth through seventh of the judgment of the court of first instance is as follows.
The following facts may be acknowledged in light of the overall purport of the pleadings in each of the statements Nos. 17, 19, 20, 19, 20, 1, 7, and 8, and 7, and 8. ① The sales contract of this case between the Plaintiff and F on November 30, 2017 (hereinafter “instant sales contract”).
Article 4. The plaintiff shall cancel the limited real rights, such as superficies, and all rights and duties that restrict the use of land, such as the right to collateral security and superficies, before the payment of the balance, at the plaintiff's responsibility and expense, and immediately notify F thereof.
(1) In the event that the Plaintiff is unable to implement paragraph (1) of the same Article, the F may pay on behalf of the Plaintiff to the relevant creditors, etc. in lieu of the payment of the purchase price, and the payment by subrogation shall be deducted from the purchase price to be paid by the F to the Plaintiff.
In this regard, the plaintiff cannot be held responsible for the F's act of subrogation.
Paragraph (2). Article 2(2) provides that “The payment date of the remainder shall be “after the date of the completion of authorization or permission for a PF loan occurs and after the completion of the lessee’s order.” (2) The F requires the Plaintiff to certify the content that “the Plaintiff requires “the Plaintiff to withdraw the Defendant from the instant Moel and at the same time the remainder is received” on September 19, 2018, and on October 4, 2018, the F secured the remainder by executing the PF loan and was scheduled to pay the remainder on June 29, 2018. However, even though the Defendant was unable to pay the remainder due to the failure of the buyer, it restricts the use of land, such as the right of lease, prior to the payment of the remainder under Article 4(1) of the Sales Contract.”