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(영문) 춘천지방법원영월지원 2015.05.27 2013가단5119
건물철거등
Text

1. The defendant shall be the plaintiff.

(a) Of the lands listed in paragraph 1 of the attached list, the indication of the Map 6, 7, 8, 9, 10, 11, 12, 13, 14, among the lands listed in paragraph 1 of the attached list;

Reasons

1. Facts of recognition;

A. The plaintiff and her husband C (hereinafter "the plaintiff's husband and wife") began with construction of new accommodation facilities (hereinafter "new accommodation facilities") separate from DoMoel on the land listed in attached Tables 1 and 2 adjacent thereto, in the name of the plaintiff as to the land listed in paragraph (1), in the name of the land listed in paragraph (2), in the name of the land listed in paragraph (3), and in relation to the land and building listed in paragraphs 3 and 4, which are mutual accommodation facilities, and in September 2005, in the name of C, the "DMoel" started with construction of new installation on the land listed in attached Tables 1 and 2, which is located on the ground of the annexed Tables 1 and 2 (hereinafter "new building of this case").

B. On September 16, 2005, the Defendant purchased the instant real estate from the Plaintiff’s husband and wife for KRW 2.143 billion (hereinafter “instant sales contract”) on September 16, 2005 (hereinafter “instant sales contract”).

The following was agreed at the time of the conclusion of the contract. ① KRW 220 million is paid on the date of the contract, and the balance of KRW 1.923 million is paid until October 30, 2005. ② The buyer performs the construction work at the buyer’s responsibility after the down payment and receives a written waiver of the construction cost from E, a repairer, a repairer. ③ The seller bears the public charges related to the instant real estate by the due date of the outstanding payment, and the buyer bears the burden of the remainder of the taxes and public charges incurred until the due date of the remainder payment. ② The Defendant paid the down payment amount of KRW 220 million on the date of the contract. However, the remainder of the construction work for the instant new building was not paid until October 30, 205.

3) On December 23, 2005, the Defendant paid an additional amount of KRW 517 million to the Plaintiff’s husband and wife on December 23, 2005, and at the same time, KRW 962,039,546 (the interest rate of KRW 950,000,000 in the loan principal of the agricultural cooperative loan with the land and building for the Dour complex) (the interest rate of KRW 7,989,546) is paid.

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