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Reasons
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(영문) 서울중앙지방법원 2018.07.13 2018가합506686
부동산인도 등 청구
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1. The Defendants jointly do so to the Plaintiff:

(a) deliver 1,2 real estate listed in the separate sheet;

(b)184,384,145 won and ;

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the attached list 1 and 2 (hereinafter “instant real estate”). The Defendants are those who directly or indirectly occupy the instant real estate.

B. On April 15, 2017, G, the representative director of the Plaintiff who entered into a sales contract for the instant real estate, concluded a sales contract with Defendant B to sell the instant real estate in the name of Defendant B for KRW 2.1 billion (hereinafter “instant sales contract”).

According to the instant sales contract, Defendant B paid the down payment of KRW 50 million at the time of conclusion of the contract, and the intermediate payment of KRW 150 million on June 30, 2017 is paid only when the intermediate payment is paid, and on the same day, decided to succeed to the Plaintiff’s obligation of KRW 1.6 billion to H Co., Ltd., and paid the remainder of KRW 300 million on December 20, 2017.

Defendant B paid the down payment of KRW 50 million to G on the date of conclusion of the instant sales contract.

C. On April 15, 2017, G transferred the instant real estate to a bank loan upon Defendant B’s request. Defendant B obtained permission for a kimchi factory (hereinafter “instant factory”) in the name of Defendant Incorporated Incorporated Co., Ltd. (hereinafter “C”) on the instant real estate, and Defendant D, E, and F directly operate the instant factory until now.

Under the instant sales contract, Defendant B did not pay an intermediate payment of KRW 150 million or succeed to the Plaintiff’s obligation of KRW 1.6 billion according to the instant sales contract on June 30, 2017.

Accordingly, on August 18, 2017, G sent to Defendant B a certificate of contents of the instant sales contract, which was notified of the rescission, and the following day the certificate of contents reached.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination as to the cause of the claim

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