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(영문) 춘천지방법원영월지원 2016.10.05 2015가단2442
건물인도
Text

1. Defendant B:

(a) deliver the real estate listed in the separate sheet;

(b) An annexed list from June 19, 2015.

Reasons

In fact, on August 11, 2014, the Plaintiff entered into a real estate exchange agreement (hereinafter “instant exchange agreement”) with a view to mutually exchanging the real estate in the attached sheet owned by the Plaintiff (hereinafter “instant apartment”) between Defendant B and Defendant B prior to F,937 square meters (hereinafter “instant farmland”) and the real estate in the attached sheet owned by the Plaintiff, and received KRW 2,00,000 from Defendant B as a promise performance deposit.

By October 13, 2014, the exchange contract of this case, which is the remainder date, provides the Plaintiff with all documents related to termination of the right to collateral security (right to collateral security (right to collateral security) established on the farmland of this case, G and debtor C; Defendant B succeeds to the right to collateral security (right to maximum debt amount of KRW 90,000,000 established on the apartment of this case; the Plaintiff succeeds to the right to collateral security (right to collateral security) until the remainder date.

On October 30, 2014, the Plaintiff delivered the instant apartment to Defendant B.

At the time of the above delivery, the apartment of this case had a household effects on the attached list (hereinafter “the household effects of this case”). At around that time, Defendant B purchased the household effects of this case from the Plaintiff in KRW 3,800,000, and the purchase price was deposited from the account in the name of Defendant D Co., Ltd. to the account of the Plaintiff.

By October 13, 2014, the remainder date of the instant exchange contract, Defendant B failed to perform the duty to provide documents related to the cancellation of collateral security as stipulated in the instant exchange contract, and where the Plaintiff fails to perform the said duty by January 30, 2015, Defendant B prepared and delivered a performance certificate (Evidence A5) that recognizes superficies for the Plaintiff to cultivate in the instant farmland, and (2) pays for the expenses incurred in farming even if the performance of the contract is not possible, Defendant B’s performance certificate was prepared and issued.

The Plaintiff and Defendant B shall invalidate the instant exchange agreement on March 27, 2015 under mutual agreement.

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