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(영문) 서울서부지방법원 2014.07.24 2013가단201755
건물등철거
Text

1. As to the Intervenor succeeding to the Plaintiff:

A. The Defendant S&D Holdings Co., Ltd. and S&D Holdings respectively.

Reasons

1. Basic facts

A. The details of changes in ownership of each land listed in the separate sheet No. 2 (hereinafter “each land of this case”) are as follows:

On December 11, 2008, when the purpose of the registration of the owner is registered, the transfer contract is made on March 17, 2009 of the transfer of ownership by the Asia Trust Co., Ltd. on March 17, 2009 of the trust cost and the transfer of ownership by the succeeding intervenor on July 27, 201 on July 27, 201, 201, where the transfer of ownership by the succeeding intervenor is made on September 25, 2013, 201.

B. On June 24, 2009, Defendant Art Co., Ltd. (hereinafter “Defendant Art”) completed a report on the construction of a temporary building on each of the instant land (hereinafter “instant building”) on the construction of each of the instant land, and around August 2009, the instant building was completed on each of the instant land, and the retention period of the said temporary building was until November 24, 201, and the current status of the construction is indicated in attached Form 3.

C. On April 3, 2012, Defendant S&D Holdings Co., Ltd. (hereinafter “Defendant S&D Holdings”) entered into a sales contract with the Plaintiff for each of the instant land, etc. with KRW 7 billion, and paid the Plaintiff the down payment amount of KRW 700 million, but the Plaintiff did not pay the remainder of KRW 6.3 billion by August 2, 2012, which is the remainder payment date. Accordingly, the Plaintiff rescinded the said sales contract on the grounds of delay in the payment of the said Defendant.

Defendant New Daily Co., Ltd. (hereinafter referred to as “Defendant New Telecommunications”) is limited to “Defendant New Telecommunications.”

A. On October 8, 2008, the construction cost of the instant building was KRW 5 billion and the construction period was from October 15, 2008 to February 28, 2009, and the construction work of the instant building was completed around August 2009, and the instant building was not paid KRW 2.4 billion out of the construction cost of the instant building was not paid from the Defendant Start.

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