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(영문) 울산지방법원 2020.09.16 2019가단117773
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

B. 6,703,954 Won and March 21, 2020

Reasons

1. Basic facts

A. On February 21, 2019, the Plaintiff concluded a sales contract of KRW 2.35 billion for each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”) and for the land for factory in Ulsan-gu, Ulsan-gu, Seoul (hereinafter “instant land”). The Plaintiff agreed to receive KRW 100 million for the contract date and the intermediate payment of KRW 100 million for the remainder on March 31, 2019, at the same time as the transfer of ownership and the object of delivery on June 30, 2019.

B. At the time of the conclusion of the instant sales contract, the original and the Defendant agreed that all expenses for the use of the subject matter of sale (property tax, electricity, water supply, telecommunication, etc.) shall be borne by the Defendant, and the value-added tax of the building shall also be paid at the balance payment date by the Defendant. In the event of the seller’s breach of contract, the seller shall compensate for the double of the down payment and the buyer shall lose the right to claim the return of the down payment

C. The Plaintiff transferred the instant land and building to the Defendant on the date of conclusion of the instant sales contract, and from that time, the Defendant occupied and used the instant land and building until the date of closing the argument.

Although the Defendant paid the down payment and the intermediate payment to the Plaintiff according to the instant sales contract, the Defendant did not pay the remainder of KRW 2.15 billion and the value-added tax on the building amounting to KRW 109,161,754 for the remainder of June 30, 2019, which is the remainder payment date.

E. On July 12, 2019, the Plaintiff prepared all documents necessary for the transfer of ownership on the instant building and land and for the cancellation of mortgage, and notified the Defendant to pay any balance and value-added tax on the building until July 29, 2019. If the Defendant fails to pay it by the said deadline, he/she sent a letter verifying the content of the instant sales contract under the condition that the Defendant will cancel the instant sales contract under the condition that the Defendant will cancel the instant sales contract under the condition that it will suspend the nonperformance of obligation without any separate intent of rescission.

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