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(영문) 서울동부지방법원 2014.12.18 2014가단122857
이사비반환청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 10, 2012, the Plaintiff sold to the Defendant and Nonparty C the land outside D and five buildings related to light steel-framed structure (exclusive use area of 798.37m2, hereinafter the same shall apply) on the land and five buildings related to plants and plants on the said land (each of the above land and buildings referred to as “each of the instant real property”) at KRW 1,500,000,000. On October 10, 2012, the Plaintiff paid the down payment of KRW 80,000 on the date of conclusion of the contract, with the payment of KRW 1,420,000 on December 4, 2012, and agreed to deliver each of the instant real property to the Defendant on the remainder payment date.

(hereinafter referred to as the “instant sales contract”) B.

The Plaintiff, Defendant, etc. shall be liable for the seller before the remainder of the term “1. The name of the lessee of the land and building before the remainder under the special contract of this case.”

2. As of the contract date ( October 10, 2012), there is set at KRW 1,288,000,000 for the maximum amount of debt on collateral security as of the contract date. 4. The intermediate payment is set at KRW 900,000,000 for the buyer’s land compensation, and the seller shall immediately pay the full amount of the loan at the time of the receipt of the land compensation, and the seller shall cancel

f. 6. Determination of the seller’s disposal box before the remainder of the waste and draining hole in the land.

C. Meanwhile, around June 5, 2007, the Plaintiff leased each of the instant real estate to Nonparty E with a deposit of KRW 30,000,000, monthly rent of KRW 3,300,000 (excluding value-added tax). The said lease contract was renewed twice, and the lease term was extended until June 30, 2013.

The Plaintiff asked E to deliver each of the instant real estate by December 4, 2012, which is the remainder payment date under the instant sales contract, but it did not reach agreement with E. Thus, unlike the special terms and conditions stipulated in the instant sales contract, the Plaintiff failed to complete the lessee’s explanation prior to the Defendant’s payment of the remainder.

E. On December 4, 2012, the Defendant shall refund the lease deposit to E from the balance due on December 4, 2012, to E, until the remainder due date.

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