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Reasons
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(영문) 수원지방법원 2019.01.24 2018나73430
건물인도등
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. 1) On September 20, 2016, C entered into a real estate security trust agreement with the Plaintiff on September 29, 2016, and completed the registration of transfer of ownership based on the said trust on the same day.

3) On December 16, 2016, upon the Plaintiff’s consent, C sold the instant building to the Defendant at KRW 167,00,00,00, and upon the Defendant’s consent, C agreed that KRW 19,000,000 for the first down payment, KRW 17,000 for the intermediate payment by January 10, 2017, and KRW 130,000 for the intermediate payment by May 30, 2017, and pay KRW 130,000 for the bank collateral loans (hereinafter “instant sales contract”). In addition, as indicated below, the Defendant agreed to have the instant building occupied the instant building on December 24, 201; KRW 1,000 for the first down payment by the date of the contract; KRW 19,00,000 for the second down payment by the date of the contract; KRW 100,000 for the first up to 20,000 for the payment of the down payment; KRW 1000,7.1000.7.100.

5) The Defendant did not pay the remaining remaining amount of KRW 155,00,000 (167,000,000 - 12,000,000) even though the due date was due, and did not pay the said money continuously upon requesting an extension of the due date for payment of the remainder several times thereafter. [In the absence of dispute over the grounds for recognition, Gap’s evidence Nos. 1 and 2, evidence No. 3-1, and evidence No. 3-2, the purport of the entire pleadings, as well as the purport of the whole pleadings.

B. 1) According to the above facts, the owner of the building of this case is the plaintiff, and the defendant has a duty to deliver the building of this case to the plaintiff, unless there is no title to occupy and use the building of this case, as examined later. 2) The defendant entered into the sales contract of this case with the plaintiff's consent, and C.

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