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(영문) 광주지방법원 2017.02.02 2016가단3152
건물명도 등
Text

1. The Defendants shall deliver to the Plaintiff the real estate listed in the separate sheet.

2. The Defendants are jointly and severally liable to the Plaintiff.

Reasons

1. In full view of the fact that there is no dispute between the parties to the determination on the cause of the claim, the entries in Gap 1 through 4, the results of the appraisal of rent against appraiser D by this court, and the purport of the entire pleadings, defendant B purchased real estate listed in the separate sheet from the plaintiff on May 27, 2015 (hereinafter “the instant real estate”) with the intention to waive the down payment if the remaining amount is not paid on June 22, 2015 (hereinafter “the instant contract”). The above defendant did not pay the remainder on the outstanding payment date, and the plaintiff notified the above defendant on June 23, 2015, on the grounds that the cancellation of the contract is recognized as possessing the instant real estate from around December 23, 2014 to 180,000, the down payment amount is KRW 10,000,000,000, and the remaining amount is determined as June 23, 2015 to 30,2016.

According to the above facts, the instant contract was rescinded, and since the Defendants possessed the instant real estate, the Defendants are jointly obligated to deliver the instant real estate to the Plaintiff, jointly and severally pay KRW 22,406,300,00 in the aggregate of the unlawful gains per rent from January 1, 2015 to November 30, 2016, and to pay KRW 1,023,750 per month from December 1, 2016 to the completion date of the said delivery.

(B) On the other hand, Defendant B asserted that the instant contract was not concluded without delivering the power of representation and the certificate of personal seal impression on the part of the seller, but it cannot be accepted in light of the entries in Party B’s evidence) against this, Defendant B asserted that the said Defendant would return the down payment and the intermediate payment paid by the said Defendant to the sum of KRW 4 million. Thus, as seen earlier, the intermediate payment under the instant contract was not determined, and KRW 10 million at the time of the remainder payment.

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