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(영문) 인천지방법원 2014.07.16 2013가단97518
건물명도
Text

1. The Defendant shall deliver to the Plaintiff, among the real estate listed in the attached list, the 1st floor indicated in the attached Form No. 66.1 square meter of the land.

2...

Reasons

1. Basic facts

A. On June 5, 2005, the Plaintiff entered into a sales contract with D, the owner of the building indicated in the attached list (hereinafter “instant building”) and the building (hereinafter “instant building”), which is an unauthorized building on the said land, among the 38/137 shares in Nam-gu Incheon Metropolitan City C, 313 square meters, and the purchase price is KRW 120 million. Of that, the Plaintiff entered into a sales contract with D, the purchase price is KRW 5 million on the date of the contract, the intermediate payment is KRW 10 million on June 20, 2005, and the remainder KRW 15 million on July 5, 2005, and the remainder amount is KRW 60 million on the instant building, which is assumed by D to the Defendant residing in the instant building at the time of the occurrence of the sales contract in lieu of the Plaintiff’s repayment of the lease deposit as to the instant building (hereinafter “instant contract”).

B. The current status of the registration of the share in the instant land at the time of the sales contract, while the special terms and conditions of the sales contract of this case stipulate that “provisional seizure and tax arrears shall be responsible for the seller and shall be received any balance after liquidation.” At the time of the sales contract of this case, the provisional attachment registration of KRW 118,143,557 for the share in the instant land was completed on December 23, 199 each of the following dates: the provisional attachment registration of KRW 118,143,557 (this Court 9Da5026, Nov. 15, 2003; the attachment registration of the Incheon Tax Office on Nov. 15, 2003; the provisional attachment registration of KRW 8,962,259 (this Court 205Kadan4914) applied by the National Bank of Korea on February 28, 2005.

In addition, in order to secure the repayment of the lease deposit amount of KRW 60,000,00,000, which was borne by D against the Defendant at the time, the establishment registration of the mortgage of KRW 100,000 for the debtor D and the mortgagee as the defendant was completed on July 24, 2002.

C. After the payment of the purchase price and the transfer registration of ownership for the share in the instant land, the Plaintiff paid to D totaling KRW 15 million as the down payment and the intermediate payment of the instant sales contract, and on July 2005.

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