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(영문) 서울중앙지방법원 2016.10.21 2016나43505
부동산인도
Text

1. Of the Plaintiff (Counterclaim Defendant)’s main claim, the part of the cancellation of the order of lease registration that has been changed in exchange at the trial.

Reasons

1. Facts of recognition;

A. On July 5, 2012, D entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the deposit amount of KRW 19 million from September 3, 2012 to September 3, 2014 (hereinafter “instant apartment”).

B. After that, D died on August 27, 2014, and on December 30, 2014, the Plaintiff, a child of D, completed the registration of ownership transfer for the instant apartment on the grounds of inheritance by agreement or division.

C. On June 27, 2015, the Plaintiff requested a brokerage for sale of the instant apartment at the E-Certified Branch. A real estate agent F, etc. of the said brokerage office visited the said apartment at least four times with the applicant for purchase, around July 2015.

On August 7, 2015, the Plaintiff sold the instant apartment at KRW 35 million with G, and concluded a sales contract with the content that the instant apartment was transferred at the same time as the payment of the remainder is paid on August 31, 2015, the remainder KRW 225 million on the date of the contract, the intermediate payment of KRW 30 million on August 31, 2015, and the remainder of KRW 225 million on October 30, 2015 (hereinafter referred to as the “instant sales contract”).

After that, the Plaintiff demanded the Defendant to deliver the instant apartment by October 30, 2015, but the Defendant rejected the Plaintiff’s request on the grounds of the renewal, etc. of the instant lease agreement.

E. On September 6, 2016, the Defendant filed an application for the order of lease registration on the instant apartment with the Seoul Central District Court 2016Kao3067 (hereinafter “Seoul Central District Court”) with the Plaintiff as the other party, and received the order of lease registration from the said court. On September 12, 2016, the registration of the right of lease was completed at the request of the said court, which was “190,000,000 won” under the Seoul Central District Court No. 18829 (hereinafter “Seoul Central District Court”).

F. After that, around September 26, 2016, the Defendant delivered the instant apartment, and reported the transfer to H 113 Dong 1504, Dongdaemun-gu, Seoul.

[Ground of recognition] Unsatisfy, Gap 1-3 evidence, Eul 1-1 evidence.

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