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(영문) 광주지방법원해남지원 2017.11.07 2016가단21442
건물명도
Text

1. The Defendant’s KRW 60,000,000 as well as the Plaintiff’s annual rate from October 31, 2013 to November 7, 2017, and the following.

Reasons

1. Facts of recognition;

A. On February 7, 2011, the Plaintiff and the Defendant concluded a sales contract with regard to the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) owned by the Defendant and the building to be constructed at the Plaintiff’s expense, as sales price of KRW 61,00,000, down payment of KRW 15,000,000, and the remainder of KRW 46,000 (payment after construction of the building).

(hereinafter “instant sales contract”). The Plaintiff paid the Defendant the down payment of KRW 15,000,000 on the same day.

B. On the instant land, the building listed in attached Table No. 2 (hereinafter “instant building”) was newly constructed at the Plaintiff’s expense, and the approval for use was granted on January 17, 2012.

On January 17, 2012, the registration of ownership preservation was completed in the future of the defendant on the instant building.

C. On January 19, 2012, the Defendant borrowed KRW 70,000,00 from Jindo Agricultural Cooperative with the instant land and buildings as security, and completed the registration of creation of a mortgage over KRW 84,00,000 with respect to the instant land and buildings.

The amount of 46,00,000 won for the daily receipt shall be received in 244 square meters for the land of Jindo-gun, Jindo-gun, Jindo-gun, Jindo-gun.

On April 26, 2012, KRW 15,00,000, out of the price of KRW 61,000,000 for the total land B was received at the time of the contract on February 7, 2011.

On April 26, 2012, the Defendant drafted a receipt with the following contents to the Plaintiff.

E. On October 31, 2013, the Defendant leased the instant building to D with KRW 60,000,000 as lease deposit, and around that time, received KRW 60,00,000 from D as lease deposit.

D around that time, he completed a move-in report on the building of this case and received a fixed date in the contract, and occupied and resided in the building of this case.

F. On April 26, 2012, the Plaintiff filed a lawsuit against the Defendant seeking the registration of ownership transfer based on the instant purchase and sale of the instant land and buildings and the pre-contract for sale and purchase (this Court Decision 2013Da20912), and in the instant case, June 30, 2015.

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