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(영문) 광주지방법원 2018.09.20 2017가합53113
건물명도(인도)
Text

1. On the part of the Intervenor succeeding to the Plaintiff (Counterclaim Defendant):

A. The Defendant-Counterclaim C Co., Ltd. is the first floor of the factory indicated in the attached Table 1 list.

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On November 23, 2015, the Plaintiff Limited Company A (hereinafter “A”) who acquired ownership of each of the instant real estate by A, completed the registration of ownership transfer with respect to each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on November 23, 2015.

(A) Evidence No. 1). (b)

On June 1, 2016, A sold each of the instant real estate to Defendant C (i.e., the instant sales contract) on June 1, 2016, upon entering into a sales contract with Defendant C on the following: (i) the remainder of KRW 6.5 billion (payment on June 30, 2016) intermediate payment of KRW 2 billion (payment on June 30, 2016):3.85 billion (payment on October 31, 2016): 3.85 billion (payment on October 31, 2016).

(hereinafter “instant sales contract”) (Evidence A No. 2) C.

A leased part of the instant real estate to the Defendants, at the time of the conclusion of the instant sales contract, A leased part of the instant real estate to Defendant C and Defendant D.

The specific contents are as follows:

1) On April 18, 2016, A leased part of Attached Form 3 (d) (hereinafter referred to as “part (d)”) among the second floor of the factory indicated in Attached Table 1, to Defendant D on April 18, 2016, KRW 10 million for lease deposit and KRW 500,000 for monthly rent (Evidence 4). Defendant D offered to Defendant D on April 19, 2016 a written confirmation that “I would deliver the portion (d) if the instant sales contract is not implemented” (Evidence 5) and A (Evidence 5) on June 24, 2016 to Defendant C on June 24, 2016, the part (a), (b), (c) [hereinafter referred to as “part (a), (b), and (c)” of Attached Form 1 for the first floor of the factory indicated in Attached Table 1 for KRW 20 million for lease and KRW 300,000 for rent.

(A) No. 6. D.

On October 20, 2016, Defendant C paid KRW 340 million, out of the down payment under the instant sales contract, to Defendant C by August 25, 2016. However, Defendant C did not pay the remainder of the down payment, intermediate payment, and remainder (in the absence of any dispute) to A.

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