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(영문) 인천지방법원부천지원 2017.10.26 2016가단28264
건물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the real estate listed in the Schedule;

(b) 96,782.

Reasons

1. Basic facts

A. The Plaintiff is a company that constructed and sold the real estate listed in the attached list (hereinafter “instant building”), and the Defendant is the buyer of the instant building.

B. On May 20, 201, the Plaintiff concluded a sales contract with the Defendant for the sales price of KRW 523,420,000 with respect to the instant building (hereinafter “instant sales contract”) and agreed that the Defendant would receive a loan from the foreign exchange bank and pay the intermediate payment pursuant to the instant sales contract, and the Defendant guaranteed the Defendant’s above loan obligations with the foreign exchange bank in accordance with the business agreement with the foreign bank.

In addition, on the same day, the Plaintiff entered into a balcony expansion contract with the Defendant for construction cost of KRW 13,420,000 (hereinafter “instant construction contract”) and completed the balcony expansion construction work for the instant building.

C. Following the completion of the instant building, the Defendant occupied the instant building on June 14, 2012. At the time of occupancy, the Plaintiff paid KRW 393,420,000 to the Plaintiff out of KRW 523,420,000, and paid the remainder of KRW 130,000 to the Plaintiff.

At the time of the occupancy, the Defendant agreed to set up each collateral on the foreign exchange bank and the Plaintiff as a security for the security for the obligation to lend part payments and the obligation to pay the unpaid sale price with respect to the instant building at the time of the transfer of ownership, and to fully pay the sale price by June 30, 2013.

E. The Defendant borrowed KRW 270,00,000 from the foreign exchange bank for the payment of the intermediate payment of the instant building, and received necessary documents from the Plaintiff for the registration of ownership transfer of the instant building, but did not perform the duty of collateral security establishment under the said agreement and did not perform the duty of full payment.

F. Accordingly, the foreign exchange bank shall be the Plaintiff, a joint guarantor, on April 6, 2015.

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