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(영문) 수원지방법원안양지원 2014.07.02 2014가단1452
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

(b)payment of 2,423 won;

C. May 23, 2014

Reasons

1. Facts of recognition;

A. On July 11, 2008, the Plaintiff leased the instant real estate (hereinafter “the instant apartment”) indicated in the attached Form (hereinafter “the instant apartment”) to Nonparty B by setting the deposit amount of KRW 50 million, monthly rent of KRW 800,000, and the lease term from July 23, 2008 to July 22, 2010. On May 15, 2013, the Plaintiff acquired the right to lease of the instant apartment from Nonparty B, who purchased the right to lease of the instant apartment, determined the instant real estate as the purchase price of KRW 250,00,000 on the date of the contract, and the intermediate payment of KRW 50,00,00 on June 20, 2013, the sales contract was concluded with each of the terms that shall be paid on July 15, 2013 (hereinafter “the instant apartment”).

In the instant sales contract, in lieu of paying 25 million won out of the remainder of the lease deposit, after deducting the monthly rent from the date of the contract until the date of the contract, as the down payment on the date of the contract, the agreement was concluded to deduct the buyer from the monthly rent until the transfer of ownership among the remainder of the lease deposit.

B. The Defendant did not pay the amount set forth in the sales contract even after the above intermediate payment and the remainder date. Accordingly, upon receipt of the Plaintiff’s demand notice of performance, the Defendant paid the remainder to the Defendant by October 8, 2013 and, if not, made a statement of performance that the Defendant would waive the down payment amount of KRW 25 million.

C. On October 14, 2013, the Plaintiff sent to the Defendant a letter verifying the content that the instant sales contract will be rescinded on the grounds of the Defendant’s nonperformance of obligation, and notified the Defendant of the rescission of the contract.

The defendant did not pay management expenses from September 2013 to May 2014. The total amount is KRW 2,389,090.

(In fact that there is no dispute, entry in Gap evidence 1 through 4, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination as to the cause of claim

A. The instant case contains a statement of intent to rescind the instant sales contract clearly based on the facts and records acknowledged prior to the request for extradition.

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