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(영문) 대전지방법원 공주지원 2018.08.09 2018가단20605
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff each building listed in the separate sheet.

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

3...

Reasons

1. Facts of recognition;

A. On February 13, 2018, the Plaintiff purchased each of the buildings indicated in the [Attachment List (hereinafter “instant building”) and on the ground (hereinafter “instant building”) 130,000,000,000 won from C, public housing area D, 54 square meters (hereinafter “instant land”), and completed the registration of ownership transfer on February 20, 2018 (hereinafter “instant sales contract”).

B. On January 2013, the Defendant, as a legal spouse married with C, is currently occupying the building of this case as of January 1, 2013.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the building of this case to the plaintiff, the owner of the building of this case, unless the defendant proves the source of possessory right to the building of this case.

B. 1) The Defendant’s assertion as to the Defendant’s defense 1) The instant sales contract does not have effect as a false declaration of conspiracy between C and the Plaintiff to leave the instant building, and accordingly, the registration of transfer of ownership on the instant building, which was completed in the name of the Plaintiff, is null and void as a registration of title trust. Thus, the Plaintiff’s request for extradition cannot be

B. The Plaintiff owned the loan claim amounting to KRW 15 million against the Plaintiff, but agreed to offset the loan claim amounting to KRW 130 million out of the purchase price of the instant land and building KRW 100 million against the loan claim amounting to KRW 120 million against C, and the remaining KRW 120 million against the joint collateral security claim amounting to KRW 120 million out of the joint collateral security claim amounting to KRW 120 million against the instant land and building, etc. on behalf of the Plaintiff C. However, until the Plaintiff prepares for the above KRW 120 million, C continued to pay the interest amount to KRW 120 million, but the Plaintiff agreed to deduct the remaining loan claim amount to KRW 5 million against the Plaintiff.

As such, the sales contract of this case is false declaration of agreement.

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