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(영문) 수원지방법원 2020.04.28 2020가단1567
건물명도
Text

1. The defendant delivers to the plaintiff a 83 square meters of a single-story house of 15 square meters of the prefabricated type C's ground-based prefabricated type panel, and on February 202, the defendant delivers to the plaintiff.

Reasons

1. Indication of claim;

A. In the auction procedure, the Plaintiff: (a) sold the instant land 215 square meters (hereinafter “instant land”); and (b) sold the 83 square meters of a single-story building in the prefabricated group and its ground assembly type; (c) paid in full the sales price on November 19, 2018; and (d) on December 7, 2018, each of the instant land and buildings in the Plaintiff’s name was completed.

B. On January 7, 2019, the Plaintiff demanded the Defendant, who was residing in the instant building, to purchase the instant land and building, and the Defendant sold the instant land and building to the Defendant at KRW 225 million (the contract amount of KRW 30 million shall be paid and received at the time of the contract, and the balance of KRW 195 million shall be paid and paid on April 5, 2019) (hereinafter “instant sales contract”).

C. The Defendant did not pay any balance on the payment date of the remainder, and the Plaintiff urged the Defendant to pay the balance on October 17, 2019, and notified the Defendant of the rescission of the instant sales contract on November 6, 2019.

If the defendant did not receive the notification of cancellation, the contract of this case is cancelled as a duplicate service of the complaint of this case.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff and pay the money calculated at the rate of KRW 500,000 per month average of the above area from the day following the delivery of a copy of the complaint of this case to the day after delivery of the above building

2. Articles 208(3)1 and 257 of the Civil Procedure Act: A judgment without holding any pleadings;

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