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(영문) 수원지방법원여주지원 2017.07.21 2014가단12142
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver each real estate listed in the separate sheet;

(b) on April 2014;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 15, 2013, the Plaintiff completed the registration of ownership transfer with respect to the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”), and newly constructed a building listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”) on the ground of the instant land in order to implement housing projects on the land including C (hereinafter “instant project site”).

B. The Plaintiff’s husband D introduced the construction business through E (Death on January 16, 2015) that had a close relationship with the neighboring residents, and performed the said housing construction business.

F is an employee of the “Limited Company G” established by E for the said housing project due to E’s birth, and was in charge of the affairs related to the authorization and permission of the said housing project.

C. On August 13, 2014, the Defendant concluded a sales contract with F claimed as the Plaintiff’s agent on the instant land and building as follows (hereinafter “instant sales contract”).

The location of Article 1 (Indication of Real Estate): The sale area of the instant land is 368 square meters, exclusive use area is 287 square meters, 81 square meters, and 82.6 square meters of a house area is 82.6 square meters of a house area (25 square meters): The sale price is 180 million won of a reinforced concrete structure (sale price and timing): The sale price is paid at the time of a contract, and the intermediate payment is paid at KRW 20 million on August 30, 2014, and the remainder is paid at KRW 150 million on October 15, 2014 (the same as completion).

Article 3 (Deposit Accounts for Sale Price): The Plaintiff’s phone number of the deposit owner of the Nonghyup Bank H (hereinafter “instant account”): The six completion of the F site officer I’s special agreement will be held responsible until October 15, 2014, and if the Defendant wishes to move into the account after the completion of the house before the completion of the agreement.

The Defendant paid each of the instant accounts KRW 20 million on August 14, 2014, and KRW 10 million on August 22, 2014, respectively. On October 8, 2014, the Defendant paid KRW 10 million to G to a limited liability company.

E. The Defendant on October 2014

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