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Reasons
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(영문) 춘천지방법원원주지원 2015.10.27 2015가단31246
건물명도
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1. The Plaintiff:

A. The Defendants deliver each real estate listed in the separate sheet Nos. 1 to 4;

B. Defendant B.

Reasons

1. Facts of recognition;

A. On April 5, 2013, the Plaintiff sold each real estate listed in the separate sheet to Defendant B under the following conditions:

(hereinafter “instant sales contract”). (1) The purchase price of KRW 900 million (the contract amount of KRW 50 million shall be paid at the time of the contract and the balance of KRW 850 million shall be paid on April 5, 2016) Defendant B may occupy and use all the real estate listed in the separate sheet from the date of the sales contract.

On the other hand, Defendant B shall pay to the Plaintiff KRW 4 million each month as interest for bank loans in the balance.

3) Where Defendant B delays the performance of the obligation to pay KRW 4 million each month on more than two occasions, the down payment of KRW 50 million shall be reverted to the Plaintiff. If the sales contract is terminated due to the cause attributable to the Defendant B, Defendant B shall waive all rights, such as the cost of the fish farm facilities, business rights, etc., and deliver each of the real estate listed in the separate sheet to the Plaintiff. B. The Plaintiff delivered each of the real estate listed in the separate sheet to Defendant B around April 5, 2013 according to the instant sales contract. After that, Defendant B had Defendant C fishery partnership and Defendant D, whose representative director is, operate the restaurant in the name of “E” from each of the real estate listed in the separate sheet Nos. 1 through 4. (c) From August 1, 2014, Defendant B paid KRW 4 million each month from August 1, 2014 to that of the present sales contract [based on recognition], the purport of each of the arguments as to whether there is any dispute as to whether there is any number of pleadings or not.

2. According to the above facts of recognition as to the cause of the claim, the instant sales contract was lawfully rescinded on April 24, 2015, where the copy of the instant complaint was served on Defendant B on April 24, 2015, stating that “The instant sales contract was rescinded on the grounds that Defendant B delayed the performance of its obligation to pay KRW 4 million per month.”

Therefore, barring special circumstances, the Defendants’ real estate listed in the separate sheet Nos. 1 through 4, and Defendant B are the same.

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