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(영문) 의정부지방법원고양지원 2016.02.05 2015가단73527
건물명도
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) annex.

Reasons

1. Basic facts

A. On October 13, 2012, the Plaintiffs, the married couple, were co-ownership owners of the building D and its ground (hereinafter “instant housing”). The Defendant was the owner of the real estate listed in the separate sheet (hereinafter “instant commercial building”). On October 13, 2012, the Plaintiff entered into an exchange contract with the Defendant to evaluate and exchange the sales prices of the instant housing and the instant commercial building as KRW 700 million, respectively (hereinafter “instant exchange contract”). As to the instant commercial building, the said exchange contract states that “the location of the first floor of the instant building and the location of the financial business neighborhood facilities located within the area of the Sinsan-si, Busan-si commercial area, as well as the location of the instant commercial building and the monthly rent for the use of the CD equipment and the bank entrance and exit.”

B. Under the instant exchange contract, on October 13, 2012, the Plaintiffs purchased the sales price of KRW 700 million with respect to the instant commercial building (excluding value-added tax, KRW 70,000,000,000,000), and the outstanding payment date and delivery date shall be October 15, 2012, and the current status of the facility is a contract with a special agreement, and the current bank loan is repaid at the same time as the loan is in progress, and the current lessee is to succeed to the lease of the non-party bank (hereinafter “instant sales contract”). ② The sales contract was concluded with respect to the instant commercial building (the balance of KRW 89,00,000,000,000 and KRW 81,000,000,000), the remainder payment date and delivery date of the instant commercial building shall be the buyer under a special agreement with the debtor on October 19, 2012, and the seller shall enter into a sales contract with the terms of the contract.

C. As to the instant commercial building, on October 15, 2012, the registration of ownership transfer of 1/2 shares in each of the Plaintiffs.

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