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(영문) 수원지방법원안양지원 2019.08.22 2017가단9273

건물명도등

Text

1. The defendant is paid KRW 130 million from the plaintiff (ex officio) and at the same time he is paid to the plaintiff succeeding intervenor.

Reasons

1. The facts following the facts of recognition do not conflict between the parties, or can be recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence Nos. 1-3, and Eul evidence Nos. 1-8 (including additional numbers).

A’s land purchase (1) The Plaintiff (hereinafter “Plaintiff”) completed the registration of ownership transfer based on sale and purchase with respect to the area of 527 square meters per 527 square meters per Dong-dong (hereinafter “Ddong”) on December 6, 2013, and completed the registration of ownership transfer based on sale and purchase with respect to the area of 115 square meters per 115 square meters before F on December 22, 2014.

(2) On September 19, 2014, the part of land E with a size of 153 square meters among the said land was divided into G land and a part of 266 square meters into H land, and the area was reduced to 108 square meters. On June 27, 2018, land category was changed from “B” to “road.”

In addition, on January 2, 2015, H had a total of 115 square meters prior to F on January 2, 2015, the area was increased to 381 square meters.

B. (1) On January 1, 2016, the Plaintiff registered its business with the trade name “I” and newly constructed and sold an apartment house under the name “J” on the ground of E, G, H land, etc. (hereinafter “instant apartment house”). On May 27, 2016, the Plaintiff entered into a contract for the sale of the instant apartment units with K as follows: (a) the sales agency business of the instant apartment units and the sales agency business of the instant apartment units (hereinafter “instant apartment house”); and (b) Article 1 (sale Agency Fee and Payment Method) (K) (hereinafter “Plaintiff”) (hereinafter “K”) shall determine the total amount of the Plaintiff as KRW 2.52 billion.

(2) The amount of admission by each household shall be calculated by adding up the amounts.

Provided, That it shall be possible to adjust the amount of each household to the extent that the total amount of admission is not changed.

Article 3 (Duties and Methods of Sale in Lots) (1) A shall install and provide a sales office.

(2) Eul shall perform the following duties:

1. All the production and establishment of printed materials;

2. Operation of a sales office;

3. Conclusion of sales contracts under a sales plan;

4. Management of the subscription and withdrawal of the sale price;

5. All other businesses necessary for the parcelling-out business (the limit and duty). (1) The limit of business of Gap shall be delivered with the seal of the parcelling-out contract and the parcelling-out price.