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(영문) 수원지방법원 2018.08.16 2017나74412
건물명도
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall attach the attached Form to the plaintiff Ministry of Agriculture and Forestry Development.

Reasons

1. The facts of the basis of the claim (1) Nonparty P awarded a contract to Nonparty Q for the construction of the “OB” (including the units of “OB” (a collective building), which is a multi-household house (a collective building) on the N in Gwangju-si, Gwangju-si, and two parcels owned by itself, to Nonparty Q Q for the construction of the new construction of “OB” (a group of units) (a group of units are composed of 201, 202, 301, 302, 401, 402, and 402; a group of units is recorded, and a group of units is referred to

The defendant, jointly with Q Q, constructed the above multi-household house and carried out the sales of the house, but did not facilitate the sale of the house due to the sports ties.

(2) On March 29, 2010, prior to obtaining approval for use of the above multi-household house, the registration of ownership preservation in P name was completed with respect to the above six households (approval for use on December 23, 2010), and the Defendant completed a provisional registration for preserving the right to claim ownership transfer on January 12, 201 with respect to the above six households on January 12, 201.

(3) On June 15, 2011, the Defendant and P concluded a performance agreement (a sales contract and a construction contract are concluded; hereinafter “instant implementation agreement”) with M and T (hereinafter “M, etc.”) as follows:

(3) At the time of agreement, the defendant and P sell six households to KRW 300 million per household and KRW 1.8 billion per household, and M, etc. shall obtain a loan from six households as security and pay KRW 1.444 billion per household to the defendant and P ( KRW 240 million per household) and shall pay the remainder of KRW 360 million ( KRW 60 million per household) within one month from the agreed date.

(hereinafter “instant sales contract”). The Defendant is “the instant construction work, etc. within six households.”

B shall be responsible for KRW 20 million per household, total of KRW 120 million per household.

The defendant and P will be 201 U.S. No. 202, U.F. 301, G 302, V future 401, H.

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