(영문) 의정부지방법원고양지원 2015.08.27 2014가합8158

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(영문) 의정부지방법원고양지원 2015.08.27 2014가합8158

건물명도 등

Text

1. The defendant, the plaintiff,

(a) deliver the real estate listed in the annex 1 list;

(b) Appendix 1 List 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate listed in the attached Table 1 list (hereinafter “instant real estate”).

B. On October 5, 2012, the Plaintiff, while selling the instant real estate in KRW 900 million to the Defendant, drafted a sales contract with the Defendant as follows:

(hereinafter “instant sales contract”). 1. Sales amount: KRW 900 million

2. Contract deposit: 40 million won.

3. Part payments: 60 million won of a financial loan on the register (the interest rate on a financial right until the transfer of ownership shall be the buyer's responsibility).

4. Balance: 200 million won (the payment period shall be determined at the time of acquisition of development activities, building permission and transfer of ownership; the acquisition of building permission and transfer of ownership shall be concurrently conducted).

5. The buyer shall assume the responsibility for overall matters concerning the authorization and permission.

C. The Plaintiff delivered the instant real estate to the Defendant at the time of the conclusion of the above sales contract.

The Defendant, on August 8, 2013, prepared and delivered a written statement stating that “The Plaintiff shall pay the balance and receive the registration of ownership transfer by August 28, 2013,” and “The Plaintiff shall receive the registration of ownership transfer by paying it by August 28, 2013.”

E. However, the Defendant failed to pay the remainder to the Plaintiff by August 28, 2013. Accordingly, on February 24, 2014, the Plaintiff and the Defendant drafted the following contract (Evidence A7-1) with the following content.

(hereinafter referred to as the “instant lease contract”). 1. As the Defendant failed to perform the instant contract, it is deemed to mean a statement of performance (Evidence 3), a joint agreement (Evidence 4), and a letter (Evidence 5, 6) prepared by both the Plaintiff and the Defendant subsequent to the instant sales contract, including the instant sales contract, which was concluded by the mutual agreement between the two parties.

shall be null and void.

2. The plaintiff and the defendant from the party date shall lease the real estate of this case.

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