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(영문) 부산지방법원 2019.02.20 2018가합45509
건물명도(인도)
Text

1. Defendant B shall deliver to the Plaintiff (Counterclaim Defendant) the real estate listed in the separate sheet, and the same from October 11, 2017.

Reasons

Facts of recognition

A. On November 3, 2014, the Plaintiff acquired the ownership of an apartment, purchased real estate listed in the separate sheet (hereinafter “instant apartment”) from D, and completed the registration of ownership transfer regarding the instant apartment on November 6, 2014.

At the time, Defendant B had resided in the apartment of this case.

B. On November 18, 2014, Defendant C recommended Defendant C to purchase the instant apartment. (2) On November 18, 2014, Defendant C entered into a sales contract with the following terms: (a) purchase of the instant apartment from the Plaintiff in the amount of KRW 389 million; and (b) the down payment of KRW 140 million is KRW 145 million at the time of the contract; and (c) payment of the remainder KRW 245 million on January 30, 2015:

(hereinafter “instant sales contract”). At the time, Defendant B represented the buyer Defendant C, and E, the Plaintiff’s form of sales, represented the Plaintiff.

3) On November 18, 2014, Defendant C paid the down payment of KRW 140 million to the Plaintiff. (c) On December 11, 2014, the Plaintiff completed the registration of the establishment of a neighboring mortgage with respect to the apartment of this case as to the maximum debt amount of KRW 310,80,000,000 as the maximum debt amount, the debtor, and the mortgagee.

2) On February 2, 2015, Defendant C filed a provisional injunction against the instant apartment against the Plaintiff, and received a provisional injunction against the disposal of the instant apartment on February 11, 2015 (Seoul District Court Decision 2015Kadan794). (3) On April 17, 2015, the Plaintiff filed a lawsuit against Defendant B seeking the evacuation of the instant apartment against the Defendant B (Seoul District Court Decision 2015Kadan21397).

4) Defendant B filed a complaint with the Plaintiff on April 20, 2015, if the Plaintiff and E obtained the down payment of KRW 144 million from the Plaintiff and E, and the Plaintiff and E filed a complaint against the Plaintiff on fraud. D. The Plaintiff submitted a written withdrawal of the complaint against the Defendant B on June 19, 2015, and Defendant B submitted a written withdrawal of the complaint against the Plaintiff and E to the Busan Geumcheon Police Station on the same day.

2 The Plaintiff and Defendant C are as follows on July 5, 2015.

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