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(영문) 울산지방법원 2016.07.22 2016가단5206
건물명도
Text

1. The defendant shall deliver Ulsan Jung-gu C Apartment 212 Dong 810 to the plaintiff.

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

Reasons

1. Facts of recognition;

A. On September 19, 2015, the Defendant: (a) purchased the real estate listed in paragraph (1) of the order (hereinafter “instant apartment”) from the Plaintiff in KRW 420 million; and (b) agreed to pay the remainder KRW 100 million on the date of the contract, and the remainder KRW 320 million on the date of the contract, until November 21, 2015.

(hereinafter “instant sales contract”). B.

On September 19, 2015, the Defendant paid KRW 100 million to the Plaintiff as the down payment, and occupied the instant apartment with the Plaintiff’s consent.

C. The Defendant failed to pay the remainder to the Plaintiff on November 21, 2015, which is the remainder payment date, to the effect that the Plaintiff would go with, and if the Plaintiff on February 3, 2016 fails to pay the remainder by February 19, 2016, the Plaintiff wishes.

Then, I have drawn up a statement of implementation. D.

The Defendant did not pay any balance after the lapse of February 19, 2016. On March 10, 2016, the Plaintiff: (a) prepared documents necessary for the procedures for ownership transfer registration; and (b) sent to the Defendant a certificate of content that “if the remainder is not paid within 14 days after the receipt of the certificate of content, the instant sales contract will be rescinded; and (c) the said certificate reached the Defendant on March 11, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as the cause of the claim, the sales contract of this case was lawfully rescinded by the Plaintiff’s declaration of rescission on the ground of the Defendant’s failure to pay the remainder, and the Defendant is obligated to deliver the instant apartment to the Plaintiff seeking restitution following the cancellation of the contract of this case

B. As to the Defendant’s assertion, the Defendant asserts to the effect that the Defendant did not delay the Defendant’s obligation to pay the remainder on the grounds that the Plaintiff extended the payment date on the condition that the Plaintiff would be paid a monthly amount of KRW 500,000 for financial expenses for the remainder of the payment and for the instant apartment.

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