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(영문) 의정부지방법원고양지원 2015.04.29 2014가합53677
건물명도
Text

1. The defendant shall deliver the part of the building indicated in the attached list to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On September 11, 2008, the Plaintiff and the Defendant acquired the right to use the land for each of 1/4 of the land of the first stage 5-16 land in the Gisung-si Industrial District.

B. On November 10, 2008, 2000 million won (each of 615 billion won for the newly constructed building on the ground of the above land) between the Plaintiff’s parent company, and the Han River, which is the Defendant’s parent company, determined the construction cost as 1.23 billion won (each of 615 million won for the Han River and Han River) and Lee Han-chul Co., Ltd., Ltd. (hereinafter “Yuri-do”) and the Defendant’s parent company.

C. The Plaintiff and the Defendant completed the new construction of a building with 855 square meters of 1,2, and 3 stories each of the 1/2, and 855 square meters of a general steel structure in the above land (hereinafter “instant building”) on the ground of the instant land (hereinafter “instant building”). On March 26, 2010, the Plaintiff and the Defendant: (a) completed the registration for the preservation of ownership on each of the 1/2 shares of the instant building; and (b) occupied and used the respective 1/2 shares of the instant building; and (c) the Defendant occupied and used the respective parts of the instant building as indicated in the attached Table (hereinafter “the instant part”).

This case’s sales contract was concluded on June 15, 201 with the Defendant to purchase 1/2 shares of the instant building from the Defendant (hereinafter “instant sales contract”) and completed the transfer of ownership on June 24, 201 with respect to 1/2 shares of the instant building. The content of the instant sales contract is as follows.

Article 1 (Purpose) With respect to the sale of the above real estate, the seller and the buyer shall pay the purchase price by agreement as follows:

The sales price of KRW 600 million is KRW 440 million, which is set off on June 15, 201 by the payment for factory construction and interest unpaid.

Any balance of 160 million won shall be offset by the rent until December 30, 2014.

Matters of special agreement

2. The seller shall pay the purchase price to the buyer.

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