(영문) 서울서부지방법원 2017.10.17 2017나33920

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(영문) 서울서부지방법원 2017.10.17 2017나33920

건물인도 등 청구

Text

1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the defendant (appointed party).

Reasons

1. Basic facts

A. Seoul shall newly construct a J and sell to K each unauthorized building on the part of Eunpyeong-gu Forest and 4,294 square meters (which was owned by H, but was jointly purchased by I and the Plaintiff on July 2017) and each unauthorized Building on the ground of Eunpyeong-gu Seoul E Total E-1,669 square meters (it is owned by the Republic of Korea) adjacent thereto (hereinafter “instant unauthorized Building”).

B. On September 2005, K sold the instant unauthorized building to G. G. On September 24, 2012, G concluded a sales contract to sell the instant unauthorized building at KRW 140,000,000 in total to F and Appointors C (the Defendant represented by the buyer; hereinafter the Defendant and Appointors C and F collectively referred to as the “Buyer,” and the Defendant and Appointors C collectively referred to as the “Defendant side”).

B. After the payment of the intermediate payment, the management of this article is managed by the Defendant, and the buyer (F and the buyer C) is responsible for its management.

(c) Urban gas works, house repairs, and access road works shall be installed at the expense of the purchaser, on the real estate concerned before the remainder, and the purchaser shall be held liable for all kinds of works.

C. The contents of the instant special agreement include the following contents (hereinafter “the instant special agreement”). On the other hand, G transferred the instant unauthorized building to the buyer at the time of the buyer’s payment of intermediate payment following the instant prior trade.

However, on July 17, 2013, the prior sale of this case was cancelled due to reasons attributable to the buyer, and thereafter G sold the instant unauthorized building to the Plaintiff, and the Plaintiff acquired the right as the de facto owner with respect to the instant unauthorized building.

【Ground for Recognition: Facts without dispute, Gap evidence 1 through 5, Eul evidence 1, 2 and 3, and the purport of the whole pleadings

2. The summary of the parties' arguments.

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