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(영문) 서울중앙지방법원 2020.09.17 2020가단5084453
건물인도
Text

1. The defendant

(a) Attached 2 Map 1, 2, 3, 4, 5, 6, 8.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. The plaintiff asserts that the part dismissing the contract is equivalent to the monthly installment payment when terminating the contract through the delivery of a copy of the complaint. Thus, the plaintiff is obligated to pay 150,000 won equivalent to the monthly installment payment from March 15, 2020 to the delivery of the building.

However, according to the instant contract, the Defendant shall pay the full amount of the unpaid repayment when the Defendant has established three times or more for the payment of the installment payment. If the contract is terminated due to the Plaintiff’s failure to pay the full amount, the Defendant shall immediately deliver the house to the Plaintiff, and does not separately agree to pay the amount equivalent to the installment repayment until delivery, and there is no ground to interpret the installment repayment as the usage fee.

The plaintiff's claim for this part is dismissed.

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