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(영문) 대전지방법원 2015.06.25 2014가단225363
건물명도
Text

1. The Plaintiff:

(a) Defendant H delivers a building listed in paragraph 1 of the attached list;

B. The defendant A and B are jointly involved.

Reasons

1. Facts of recognition;

A. Part 1 against Defendant H 1 (formerly: Samyang Industrial Co., Ltd.) is a building indicated in Paragraph 1 of the attached Table owned by the Plaintiff between Defendant H and Defendant H on June 25, 2010 (hereinafter “instant Paragraph 1”).

(2) The sales contract provides that the Plaintiff shall pay the purchase price of KRW 20 million and sell the purchase price to the above Defendant; and the said Defendant shall pay the Plaintiff the purchase price in installments over a ten-month period (hereinafter “instant sales contract”).

(2) On July 23, 2010, the Plaintiff and Defendant H drafted the “sales contract” to the same purport as above, and its main contents are as follows. A) The said Defendant decided to pay to the Plaintiff the purchase price of KRW 22 million in installments over a ten-month period, but the down payment shall be paid up to July 29, 2010, and the remainder shall be repaid the principal and interest on July 29, 2010. (B) The Plaintiff issued all documents necessary for the registration of transfer of ownership to the said Defendant simultaneously with the receipt of the remainder of the purchase price and cooperate in the registration procedure, and the delivery date of the instant building under paragraph (1) of this case shall be April 29, 201.

C) According to the special agreement, ① contract deposit under the current condition of the facility, ② contract deposit and remainder shall be deposited into the Plaintiff’s exclusive account, ③ refund 5.5 million won shall be deposited into the Plaintiff’s passbook on the date of the last payment of the remainder by the said Defendant’s burden (hereinafter referred to as “the Plaintiff received one million won out of the down payment from the said Defendant, and around April 201, delivered the instant building to the said Defendant.

4) The above Defendant’s remainder of the down payment and the balance of the sales price (including principal and interest, and the aforementioned unpaid money shall be referred to as “paid sales price” in total.

(1) Without paying the amount of the purchase price, the Plaintiff did not pay the unpaid purchase price upon the performance of the defect repair since the number of the buildings under Paragraph (1) of this case occurred. (5)

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