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(영문) 전주지방법원군산지원 2016.11.08 2015가단9931
건물인도
Text

1. The defendant

(a) deliver the stores listed in the separate sheet;

(b)payments 41,928,000 won;

C. April 2016

Reasons

Basic Facts

On December 10, 2014, the Plaintiff sold the instant building to D, as the owner of the third floor building of the 3rd floor of the ground reinforced concrete structure C in Gunsan-si (hereinafter “instant building”).

However, on January 9, 2015, the Plaintiff and D entered into a sales contract in the name of E, and accordingly, on January 9, 2015, the Plaintiff completed the registration of ownership transfer for each of the stores and offices whose sectional ownership was registered in the instant building.

The store of this case is a store located in the building of this case.

However, D did not pay the remaining amount under the above sales contract.

On March 2, 2015, the Plaintiff sent to E, the other party to the contract under the sales contract, a certificate of content containing an intent to cancel the sales contract for the instant building, and the said certificate of content is the same month.

4. The arrival has reached E.

On March 30, 2015, the Plaintiff had re-certified the content that D would cancel the above sales contract to E, and the content certification reached E after this framework.

The Plaintiff filed a lawsuit against E with the Jeonju District Court 2015Kahap1160 on August 20, 2015, seeking cancellation of the registration of transfer of ownership in the name of E on each of the stores and offices (including the instant stores) of the instant building, and the said court rendered a judgment accepting the Plaintiff’s claim on August 20, 2015.

The above judgment became final and conclusive around that time, and the registration of transfer of ownership in E with respect to the instant store was cancelled on October 27, 2015.

In the instant store, the trade name of “F” is in operation, and the business operator under the F’s business registration certificate is in the name of the Defendant.

E, on March 6, 2015, drafted a real estate lease agreement (hereinafter “instant lease agreement”) to the effect that the instant store registered in his/her name is leased to the Defendant.

Defendant of the same month

9. A fixed date of the lease contract from the Gunsan City shall be obtained, and it shall be in the same day.

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