beta
(영문) 대전지방법원 2019.09.25 2018가합108906

건물명도(인도)

Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 17, 2005, the Plaintiff entered into a sales contract with C (hereinafter “C”) on the supply of real estate listed in the separate sheet from C (hereinafter “instant apartment”) to KRW 1,243,00,000 in total purchase price (i.e., KRW 124,30,000 in total and six intermediate payment from KRW 1,240,000 in total and KRW 745,80,000 in total and KRW 248,60,000 in total, and on September 21, 2009, the ownership transfer registration in the name of the Plaintiff was completed.

B. On November 17, 2005, upon which the sales contract for the instant apartment was concluded, each sales contract was concluded with C as to E apartment Fho Lake in the Plaintiff’s name, the Plaintiff’s Dong G, E apartment Hhoho, and E apartment Jho in the Plaintiff’s father’s father’s name.

(Time of payment of the first and second down payment on each contract for sale in lots is the same as the time of payment of the second and second down payment on the apartment of this case).

The first down payment out of the purchase price of the apartment of this case was paid on November 17, 2005; the second down payment was paid on December 14, 2005; and the remainder was paid on September 21, 2009; and the first through the sixth intermediate payment was loaned from the K bank designated by C in the name of the Plaintiff.

L/M entered into a lease agreement on the apartment of this case with the Plaintiff on July 29, 2009 by setting the lease deposit amount of KRW 50 million, the lease deposit period from October 1, 2009 to September 30, 201, and thereafter resided in the apartment of this case. As seen after the termination of the lease agreement, each of the 250,000,000 won was remitted to L/M’s account on April 9, 2013, and the lease deposit is deemed to have been returned at that time.

Then, the defendant, South Korea, who is the plaintiff, resides in the apartment of this case.

E. On November 7, 2018, the Plaintiff had the Defendant reside in the instant apartment on the condition that the Plaintiff bears the interest on the secured loan of the instant apartment.