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(영문) 수원지방법원 2019.10.10 2018나92561
건물명도(인도)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering performance is revoked.

The defendant is attached to the plaintiff.

Reasons

1. Basic facts

A. On January 16, 2015, the Plaintiff sold real estate listed in the separate sheet (hereinafter “instant rest area”) with C in the purchase price of KRW 2.6 billion; however, the Plaintiff agreed to be paid KRW 250 million up to January 25, 2015, and the remainder KRW 2.35 million up to February 13, 2015 (hereinafter “instant sales contract”); and around that time, C occupied and used the instant rest area without completing the registration of ownership transfer after paying the said down payment.

B. After that, C delayed the payment of the remainder under the instant sales contract, the Plaintiff sought to recover possession of the instant rest area around July 2016.

Accordingly, around September 2016, the Plaintiff and C and D (C’s birth) agreed as follows (hereinafter “instant succession agreement”). around that time, C and D paid KRW 130 million to the Plaintiff as part of the remainder of the remainder, and upon the Plaintiff’s consent, set up a collateral security of KRW 360 million with the maximum debt amount (the Defendant B) to the rest area in this case and the mortgagee E).

D is succeeded to the rights and obligations of the existing contractor C (sellers: plaintiffs and buyers D). In selling and selling a rest area of at least 2.6 billion won, any balance actually paid under the condition that the existing collateral security obligations established at the rest area of this case are taken over, as follows, at the end of 285 million won. Of them, the remainder of KRW 130 million remains after being paid at that time.

shall be payable to the Corporation.

- Of any balance, 35 million won shall be paid up to October 20, 2016.

- Of any balance, KRW 110 million shall be paid up to December 28, 2016.

- From March 2, 2017 to March 2, 2017, an application for the payment of a balance of KRW 10 million and the transfer of title is filed.

The FF Cooperative Loan and the aggregate amount of 2.132 billion won created by an individual shall be succeeded by the purchaser, and on September 28, 2016, security (the collateral Defendant B) shall be held liable for 300 million won by the purchaser of the 300 million Won.

- The buyer shall immediately succeed to the F Association Loan amounting to KRW 2 billion and shall take over the business rights in the second place of the restaurant first.

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