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(영문) 서울중앙지방법원 2016.02.18 2012가단299231
건물인도 등
Text

1. The defendant shall deliver to the plaintiff the building listed in the attached Table 2 list.

2. The defendant shall enter the attached Tables 1 and 2 in the plaintiff.

Reasons

1. Basic facts

A. The plaintiff and the defendant are the children of deceased C (Death on June 13, 2008) who were punished by imprisonment.

B. C on December 16, 1976, acquired the land listed in the [Attachment 1] List (hereinafter “instant land”) in the name of the South-North Korean Plaintiff.

C) On January 11, 1986, Seongbuk-gu Seoul Metropolitan Government D Land (the name of the original defendant E) also newly constructed a building on the joint site list No. 2 (hereinafter “instant building”) adjacent to the instant land, and completed the registration of initial ownership on the Plaintiff’s name.

However, the inside and outside Korea had been living together with the four male defendants and the defendant's wife in the building of this case since that time, and the defendant has continuously occupied it after the death of C.

C. C was wasted by the Plaintiff on October 1987, drafted a written pledge to waive the Plaintiff’s rights to all property under his parent and his own name. On October 15, 1987, on the land and buildings of this case, C made on October 13, 1987 that the contractor shall pay the Plaintiff, the right holder of the reservation to the Defendant, the purchase price of the Defendant, the right holder, the purchase price of the Plaintiff at KRW 45 million (whichever is to be paid on the date of the reservation as deposit), the date of completion of the purchase and sale promise (Evidence B), and made on October 13, 1988 that the provisional registration of the right to claim transfer of ownership was made on October 15, 1987.

(hereinafter referred to as “the first promise to sell”) but thereafter, the principal registration based on trade and provisional registration based on the first promise to sell and purchase was not made. D.

After that, on March 24, 1998, the date of the reservation was prepared on March 24, 1998, the reservation made to the Plaintiff, the person having the right to the reservation, the Defendant, the person having the right to the reservation, the purchase price of KRW 427,837,40,00 (which shall pay KRW 227,00,000 among them on the date of the reservation as a deposit deposit), the trade reservation made on March 23, 2008 (part of subparagraph (B) on which the date of the completion of the reservation was March 23, 2008, and on April 9, 1998, the right to claim

(2) the date.

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