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Reasons
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(영문) 대구고등법원 2015.06.11 2014나22391
건물명도 등
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 through 5 (including the whole number, if any).

Attached Form

Each real estate recorded in the real estate list (hereinafter "the real estate of this case") is owned by the plaintiff, and the registration of establishment of neighboring real estate was completed as recorded in the following registration list (hereinafter "registration of establishment of neighboring real estate of this case"):

【The record No. 50,000,000-mortgage 324,000,000,000-mortgage 27, 200 June 27, 2005, the 324,000,000 on May 11, 2006, 40,000 April 240, 200, 200 on May 19, 2007, the Daegu Bank 390,000,000,000,000 on May 14, 2008 on May 14, 2008; and the provisional registration of metal No. 48,792,58,000 on November 7, 2008;

B. On April 10, 2009, the Plaintiff entered into a sales contract with D Co., Ltd. (hereinafter “Nonindicted Company”) with the content that the Plaintiff would sell to Nonparty Company the instant real estate and the machinery, equipment, and facilities specified in the separate sheet of machinery and equipment (hereinafter “instant machinery”) installed in the instant location to KRW 1,300,000 (hereinafter “instant sales contract”), and agreed to the following terms.

【Contents of Sales Contract】

1. The down payment of KRW 200,000,000 shall be paid to the Plaintiff on the day of the contract by the non-party company.

2. The intermediate payment of KRW 100,000 shall be paid to the Plaintiff on September 23, 2009 by the non-party company.

3. The remainder of KRW 1,00,000,000 shall be exempted from liability of KRW 700,000,000 for loans to the Agricultural Cooperative Federation and KRW 300,000 for loans to Daegu Bank Co., Ltd. instead of receiving the ownership of the instant real estate from the Plaintiff.

4. The plaintiff is from the non-party company.

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