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(영문) 수원지방법원 2020.10.21 2020가단509436
건물인도
Text

1. The Plaintiff:

A. Defendant B shall display a mark 1, 8, 2, 3, 4, and 1 of the attached Form 2 among the 1 floors of the building listed in the attached Table 1 list.

Reasons

1. On September 6, 2016, Defendant B completed each registration of the ownership transfer on the instant land and buildings listed in the attached Table 1 list (hereinafter “instant building”) constructed on the instant land (hereinafter “instant land”). On the same day, Defendant B completed each registration of the ownership transfer on the instant land and buildings with respect to FF associations as “the maximum bond amount of KRW 486,00,000,000 and Defendant B,” respectively, with respect to the instant land and buildings.

(B) On November 28, 2016, in order to operate a restaurant, the Plaintiff’s denying G was granted a full deposit of KRW 30 million and KRW 200,000,000 ( January 1, 2017 on the date of the occurrence of the rent), the period from November 28, 2016 to November 27, 2018 (hereinafter “the lease of this case”). The Plaintiff paid the Defendant B the full deposit of KRW 30,000,000,000 to the Defendant’s KRW 2,000,000 from November 28, 2016.

Around November 23, 2016, Defendant B leased the third floor of the instant building to H in KRW 60 million, and H around that time, Defendant B paid the deposit amount of KRW 60 million to Defendant B and began to move-in to the third floor and reside on the delivery of the said third floor.

On December 22, 2016, the Plaintiff entered into a sales contract (hereinafter referred to as “instant sales contract”) with Defendant B to purchase KRW 350 million of the instant land and building (the Plaintiff succeeded to KRW 30 million of the instant lease; KRW 10 million of the remainder of the purchase price; KRW 320 million of the remainder of the purchase price; the date of the contract; KRW 60 million of the first intermediate payment; and KRW 50 million of the second intermediate payment on December 30, 2016; and KRW 50 million of the remainder payment on June 30, 2017; and KRW 200 million of the remainder payment on October 1, 2018, respectively).

Pursuant to Article 3 of the instant sales contract, Defendant B was obligated to transfer ownership to the Plaintiff with the cancellation of all limited real rights, such as the right to collateral security established on the instant land and building.

The plaintiff.

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