(영문) 서울중앙지방법원 2017.10.16 2017가단5011929

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.10.16 2017가단5011929

건물인도 등

Text

1. 피고는 원고에게 별지 목록 기재 부동산 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉤, ㉥, ㉦, ㉠의...

Reasons

1. Basic facts

A. On December 12, 2014, the Plaintiff concluded a contract with the Defendant to purchase KRW 9,728,723,627 of the purchase price and KRW 418.7 square meters of the Defendant and Seoul Gangnam-gu, Seoul, and KRW 418.7 square meters of the underground floor and the five-story buildings above the ground (hereinafter “instant building”).

In the above contract, the Plaintiff paid 135,042,560 won as down payment until December 24, 2014, and determined to pay the remainder by taking over the obligations and the security deposit obligation entered in the copy of the register of the above building.

B. At the time of the conclusion of the above contract, the Defendant confirmed that the two and five floors among the instant building were vacant rooms, and the registration of ownership transfer was completed on January 20, 2015 in the name of the Plaintiff.

C. On May 17, 2016, the Plaintiff filed a lawsuit (Seoul Central District Court 2015Da5346744) seeking the delivery of the said possession portion on the grounds that the Plaintiff illegally occupied the area of 28.08 square meters in sequence of each of the facts indicated in the annexed drawings of the second floor among the instant building,

At the time of compulsory execution based on the instant judgment, the Plaintiff first filed a lawsuit seeking the delivery of the possession portion against the said company, but confirmed that the said company is not in possession of the said company, and then withdrawn the lawsuit against the said company.

The auditor asserted that the above company leased and used the part as stated in Paragraph (1) of this Article (hereinafter “the part in possession of this case”) and obstructed compulsory execution, thereby failing to perform compulsory execution. The plaintiff filed a lawsuit against the defendant and the above company seeking the delivery of the part in possession of this case.

E. On November 16, 2016, after the filing of this lawsuit, the Plaintiff and the Defendant shall not exceed the following agreements:

유사 판례

-서울고등법원 2020.11.12 2020나2020843

-광주지방법원 2018.04.05 2017가단26428

-서울북부지방법원 2015.09.17 2014가합5535

-인천지방법원 2017.11.07 2016가합56362

-대구지방법원 2020.01.31 2019가단126270