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(영문) 수원지방법원 2020.08.28 2020가단529898
건물인도
Text

The defendant shall deliver to the plaintiff [Attached] real estate listed in the list.

Costs of lawsuit shall be borne by the defendant.

Paragraph 1.

Reasons

1. Facts of recognition;

A. On March 2, 2020, the Plaintiff: (a) purchased the instant real estate from C Co., Ltd. on March 3, 2020 to KRW 135,352,757 (excluding value-added tax) in price; and (b) completed the registration of ownership transfer on March 10, 2020.

B. As of the date of closing argument of the instant case, the Defendant occupied the instant real estate.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2, purport of whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the Defendant is obligated to deliver the instant real estate to the Plaintiff, the owner of the instant real estate.

B. As to the Defendant’s assertion, the Defendant asserted that “the Plaintiff agreed to pay the director’s expenses for the Defendant and did not pay the above director’s expenses up to the day.” However, even if the Plaintiff and the Defendant concluded an agreement to pay the director’s expenses, the Plaintiff cannot accept the Plaintiff’s request for extradition.” However, in the instant case where the Plaintiff and the Defendant sought to transfer the instant real estate based on the ownership of the instant real estate, the Defendant’s obligation to deliver the instant real estate to the Plaintiff and the Plaintiff’s obligation to pay the director’s expenses pursuant to the above separate agreement against the Defendant cannot be deemed to have a mutual relation, and thus, the Defendant cannot be deemed to have refused to deliver the instant real estate on the ground of

Therefore, the defendant's above assertion is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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