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(영문) 인천지방법원 부천지원 2017.01.11 2016가단22556
건물인도 등
Text

1. The defendant shall be the plaintiff.

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

B. From December 18, 2015, the above real estate.

Reasons

1. Facts of recognition;

A. On November 17, 2015, the Plaintiff’s real estate owned by the Plaintiff (576m2, D forest land 576m2, part 60m2 of D forest land 414m2, and C’s ground building (hereinafter “instant building”) to the Defendant on November 17, 2015.

[Judgment] A contract to sell for 560,000,000 won (hereinafter “instant sales contract”) is called “the instant sales contract.”

B) The Defendant entered into a contract with the Defendant. The Defendant paid KRW 5,00,000, which is part of the down payment of KRW 56,000,00 on the date of the contract, to the Plaintiff, and installed machinery, etc. and occupied and used it. (c) The Defendant paid KRW 50,000,000 out of the down payment on December 3, 2015 to the Plaintiff, and paid KRW 20,000,000 among the intermediate payment of KRW 250,000,000 on December 18, 2015; however, the remainder of the down payment, intermediate payment, and remainder were not paid until December 30, 2015, which is the remainder payment period of KRW 10,000,000,000 to the Plaintiff; (d) The Plaintiff and the Defendant extended the remainder payment date to the Plaintiff on December 30, 2015, which is the ground for the Defendant’s rescission of the contract.

2. Determination

A. According to the above facts, since the sales contract of this case was lawfully rescinded, the defendant must deliver the building of this case to the plaintiff.

And as long as the validity of the contract of this case is terminated retroactively due to the cancellation, the defendant.

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