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(영문) 서울고등법원 2017.01.19 2016나2049175
건물명도
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The part concerning the counterclaim of the first instance judgment shall be revoked.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On July 22, 2011, the Plaintiff entered into a sales contract with the Plaintiff and C, and the Plaintiff’s execution 1) On July 22, 201, No. 3904, Dong 801 (hereinafter “instant apartment”).

The sales contract (hereinafter “instant sales contract”) was sold in lots, and the house is supported by an intermediate payment loan, and the new bank dong branch at the time of the transfer of ownership in the future will set up a collateral security.

Article 1 (Supply Price and Payment Method) The sale price shall be KRW 461,90,00,00, and the buyer shall pay the seller KRW 46,190,00 for the first down payment at the time of the contract, KRW 46,190,00 for the second down payment on September 20, 201, KRW 46,190,00 for the second down payment on six occasions from September 20, 201 to November 20, 2012, both the intermediate payment shall be divided into six occasions, and the buyer shall pay KRW 46,190 for the total sum of KRW 27,140,000 for the remainder on the date of designation of occupancy and KRW 92,380,00 for the remainder on the date of designation of occupancy, respectively.

However, in the contract form for sale, these contents are written in the table.

Section 2 (Cancellation of Contract) (1) If a buyer commits any of the following acts, the seller may cancel this contract after the peremptory notice, if no performance is made:

(3) When a third party has resold (including all acts accompanying the sale, donation, lease, and other changes in rights) or used it for the purpose of a limited real right without the consent to resale of the right to parcelling-out (4) When a purchaser has requested a seller to pay interest, principal, etc., or when a financial institution (including a lending bank in cases of parcelling-out on condition that interest, interest, etc. are not paid after the loan has been made) to sell it in lieu of the seller, or when a purchaser has established a limited real right, such as provisional seizure, under Article 8 (1) when a purchaser sells it in lots on condition that an intermediate payment, interest loan, interest loan, etc. have not been paid, or has not been paid, due

(1) A loan shall be announced by a seller as designated.

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