logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.02.12 2018가단228787
건물명도(인도)
Text

1. The defendant shall receive 14,30,000 won from the plaintiff, and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On February 6, 2014, the Plaintiff leased real estate listed in the attached list (hereinafter “instant housing”) to the Defendant, with the deposit of KRW 20 million, monthly rent of KRW 400,000,000, and the lease period from February 17, 2014 to February 16, 2015.

(However, the lessee entered in C in the lease contract due to the circumstances of the defendant).

The defendant paid 20 million won to the plaintiff as above, and has been living in the housing of this case on February 17, 2014.

C. Meanwhile, around March 2015, the Plaintiff concluded a sales contract with the Defendant setting the sales price of KRW 130 million with respect to the instant real estate (hereinafter “instant sales contract”). Of the sales price, KRW 130 million, the Defendant acquired the Plaintiff’s loan, and paid KRW 20 million in lieu of the said deposit, and paid the remainder of KRW 7 million to the Defendant, and the ownership transfer registration was made two years later due to the Defendant’s circumstances.

around that time, the Defendant paid the Plaintiff the remainder of KRW 7 million, and paid interest on the above loans from that time to January 2017.

E. On February 2017, the Plaintiff requested the Defendant to take over the procedure for the registration of ownership transfer of the instant housing pursuant to the instant sales contract, but was rejected. For this reason, the Plaintiff revoked the instant sales contract and recovered the sales contract from the Defendant on February 19, 2017, and paid interest on the said loan from February 24, 2017.

F. On November 29, 2017, the Defendant temporarily left the instant house, but is again residing in the said house from December 24, 2017.

[Ground of recognition] Facts without dispute, Gap 4, 5, 9 evidence, the purport of the whole pleadings

2. Determination

A. (1) According to the facts of the recognition of the request for extradition as to the cause of the claim, the instant sales contract was rescinded on or around February 19, 2017, and the Defendant, barring any special circumstance, is the said sales contract.

arrow