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(영문) 수원지방법원성남지원 2015.06.16 2014가단32624

건물철거 및 대지인도 등

Text

1. The defendant is against the plaintiffs:

(a) A building listed in the attached Table 2 in each land listed in the attached Table 1;

Reasons

1. Facts of recognition;

A. The land listed in paragraph (1) of the attached Table 1 list is owned by the Plaintiff A, the land listed in Paragraph (2) of the same Table by the Plaintiff B, and the land listed in Paragraph (3) of the same Table (hereinafter “each land of this case”) by the Plaintiff C, respectively.

B. On July 13, 2010, the Plaintiffs entered into a contract with D to sell the surrounding land including each of the instant land at KRW 1.4 billion. According to the above sales contract, the Plaintiffs agreed to provide the Plaintiffs with a written consent to land use so that D would immediately receive the construction permit.

On September 20, 2010, the Plaintiffs issued a written consent to land use to Ati Heavy Industries Co., Ltd. (hereinafter referred to as “Ati Heavy Industries”) designated by D, and the Nonparty Company did not build the buildings listed in attached Table 2 (hereinafter referred to as “instant building”) on each of the instant land upon obtaining a building permit from Gwangju City.

C. D is unable to pay the sales balance under the above sales contract, and D and the non-party company, on October 31, 201, did not pay the remaining land price by November 30, 201, to the landowner regardless of the cost of civil works and construction works performed at will by D and the non-party company, if the remaining land price is not paid by November 30, 201.

Then, D drafted a written waiver of contract (hereinafter referred to as “each waiver of contract in this case”) on November 6, 2012 that “In the event that a sum of KRW 830,800,000,000,000,000, such as interest, taxes, and public charges, etc., is not paid until November 31, 2012, D shall waive the sales contract, the down payment, the construction cost, various beneficial expenses, etc., and deliver land and buildings immediately.”

With respect to the building in this case, on May 2, 2012, the registration of preservation of ownership was completed in the name of the non-party company upon entrustment of the registration of provisional disposition on May 2, 2012 without obtaining approval for use. At the auction procedure commenced upon application for a compulsory auction by the Sejong Industry Co., Ltd., the defendant was awarded the above building on January 27, 2014 and the defendant was awarded the bid on March 13