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(영문) 부산지방법원동부지원 2019.06.20 2017가단200025
건물명도(인도)
Text

1. The Defendant (Counterclaim Defendant) shall set forth the separate list against the Plaintiff (Counterclaim Defendant)

2. The sequence in which drawings are indicated among the buildings mentioned above;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. E, the spouse of the Plaintiff, is the Defendant’s wife F.

B. On April 28, 1990, the Defendant purchased 1/2 shares in H’s co-ownership on a scale of 159 square meters for Busan Shipping Daegu G G, and shared 1/2 shares with co-owners I and/or 1/2 shares. The Defendant and I, on April 8, 1993, installed stairs on the above land and J’s land, and constructed 1 to 4 floors of neighborhood living facilities (retail stores and offices), and used 1 to 3 to 4 floors of residential facilities (8 households) and 4 floors of residential facilities.

On the other hand, from among the eight generations of the above building, K to L on the left-hand side is owned by I, and M to D on the right-hand side is classified as owned by the defendant.

C. On March 25, 2010, the Plaintiff concluded a sales contract to purchase KRW 345,00,000 of the Defendant’s share (hereinafter “instant real estate”) among the Defendant’s ownership (hereinafter “instant building”) among the instant building and the fourth-story building located on G and the instant site (hereinafter “instant building”) (hereinafter “instant building”).

In addition, the Plaintiff was leased for five years without paying a separate lease deposit from the time the ownership of the instant building, which was used by the Defendant as a house or agency, was transferred to the Plaintiff.

The main contents of the instant sales contract are as follows.

Article 1 (Sale Price) (1) The buyer shall make the sale price to the seller at the following intervals:

The down payment of KRW 15,00,000 shall be given on the date of contract and the remainder of KRW 330,000,000 shall be given on March 29, 2010.

(2) Provided, That as provided for in Article 3, the total amount of secured debt of a mortgage taken over by the purchaser as provided for in Article 2 shall be deducted from the balance and as provided for in Article 2.

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