건물명도(인도)
1. The Plaintiff (Counterclaim Defendant) purchased and sold to the Defendant (Counterclaim Plaintiff) on October 6, 2009 with respect to the land size of 596 square meters in Boli-si D.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. From around August 21, 2003, the Defendant, who is the head of the watchhouse of the Plaintiff, was living in the building using containers, etc. on the ground of Boan-si, Boan-si (hereinafter “the land before subdivision”). Around August 21, 2009, using approximately KRW 68,00,000 for industrial accident compensation received by the Defendant’s children due to the death of the Plaintiff, the Defendant, who was the head of the watchhouse of the Plaintiff, proposed to sell the instant land corresponding to the site of the said building that the Defendant had resided at the time of subdivision to KRW 68,00,000,000. The Plaintiff consented thereto.
B. On October 5, 2009, E, the Plaintiff’s reference, requested the Korea Land Information Corporation to conduct a partition survey for the partition of the land of this case on the land before partitioning, and the Defendant for the same month.
6. The Plaintiff remitted KRW 60 million to the bank account in the name of F, the Plaintiff’s mother-child, as the purchase price for the instant portion of land.
C. On January 1, 2011, the Plaintiff again requested a subdivision survey for the partition of the instant land with respect to the land before subdivision. On March 28, 2011, the subdivision survey was conducted, and accordingly, on April 8, 2011, the land before subdivision was divided into the instant land and the G-si 1,804 square meters, respectively.
However, the registration of subdivision was cancelled on October 6, 2014 due to the cancellation of subdivision, and accordingly, it was restored to the land before subdivision.
On May 30, 2015, the Plaintiff entered into a sales contract with the Plaintiff’s Intervenor with respect to the amount of KRW 240 million, which is KRW 200,000,000,000. At the time, the Plaintiff entered into a sales contract on the premise that the said land is divided into H 1804 square meters and the instant land. The Plaintiff set the sales price corresponding to the instant land at KRW 60,000,000.
E. On June 26, 2015, the land of this case was re-divided into H field 1,804 square meters and the land of this case with the land of Bocheon-si D 2,400 square meters.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, 2, 3, 7, 13, 19, 19.