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(영문) 인천지방법원부천지원 2016.04.27 2015가단23255 (1)
건물명도
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

1. Facts of recognition;

A. On March 20, 2012, the Plaintiff entered into a contract with Defendant B (E at the time of this contract) to sell real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant apartment”) to D for KRW 430,000,000 (hereinafter “instant sales contract”).

B. In the instant sales contract, D, instead of paying the down payment of KRW 45,00,00,000 among the purchase price, transferred the ownership of KRW 408, Dong-dong, Seocheon-gun, Gangwon-do, and agreed to substitute the Plaintiff’s payment of KRW 385,00,000 (hereinafter “the instant loan”) that was loaned from the Central Agricultural Cooperative as collateral by succeeding to the obligation of KRW 385,00,000 (hereinafter “the instant loan”).

C. On June 13, 2012, a written agreement was concluded between the Plaintiff and D, stating that “D will deliver the instant apartment by June 29, 2012, with the payment of KRW 15,000,000 to the Plaintiff of the debt secured by the building of the non-party building by June 27, 2012, the procedure for the registration of ownership transfer of the non-party building was completed. The Plaintiff shall deliver documents necessary for the registration of ownership transfer of the instant apartment to D by June 20, 2012, and deliver the instant apartment by June 29, 2012.”

Accordingly, the Plaintiff issued to D a certificate of registration, certificate of personal seal impression for sale, and certified copy and abstract of resident registration concerning the instant apartment on the same day, and delivered the instant apartment around June 29, 2012, and Defendant B moved into the instant apartment with H’s wife C, who was a cohabitant, around August 2, 2012.

E. Defendant B and D shall either terminate the registration of ownership transfer by cancelling the registration of establishment of a neighboring mortgage, etc. on the non-party building until October 30, 2013, or pay KRW 45 million to the Plaintiff when the said registration of ownership transfer is non-existent.

A person who partially performs the obligations of the instant loan or becomes qualified as a successor.

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