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(영문) 수원지방법원 2018.06.20 2017가단520310
건물등철거
Text

1. The defendant shall be the plaintiff.

A. One-story of reinforced concrete building constructed on the land on the attached Table list shall be 100.01 square meters.

Reasons

1. Facts of recognition;

A. On April 17, 2015, the Plaintiff was a land sales contract between the Plaintiff and the Defendant, and the Plaintiff was a total of 639 square meters of land in the attached Table owned by the Plaintiff to the Defendant (hereinafter “instant land”).

B. At the time of the contract, the Defendant entered into a sales contract to sell the price of KRW 122,00,000,000 for the attached sheet 3 and 4,000,000,000,000 won, which was divided after 28,000 square meters of C Forest land at the time of the contract. (2) At the time of the said sales contract, the Defendant agreed to pay as the down payment the remainder of KRW 13,000,000,000,000,000,000,000 won for the loans already borrowed from D Association as security, and the interest on the said loans accrued after April 22, 2015, was paid by the Defendant and the remainder of KRW 8

3) The Plaintiff had obtained permission for development activities and building permission to construct housing on the above land before the above sales contract. The Defendant agreed to construct housing on the instant land by using the above development permission and building permission, and delivered the instant land to the Defendant on or around April 2015. 4) As such, the instant sales contract was entered into an agreement with the Plaintiff as follows: “1. The instant land shall be sold and sold in the form of a building permit for detached houses. 4. Construction and civil works shall run in the name of the seller. 5. The seller is responsible for the completion of civil construction (it shall not interfere with the completion of construction). 6.”

B. Until the end of December 2016, one year and eight months after the conclusion of the above sales contract, the Defendant paid the Plaintiff the down payment of KRW 13 million and the remainder of KRW 21 million, and the Defendant did not take a procedure of succession to the loan KRW 11 million that the Defendant decided to succeed. Moreover, the interest on the loan that the Defendant decided to pay is only KRW 469,857, May 2015.

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