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(영문) 청주지방법원 2021.01.20 2019가합10474
건물명도(인도)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. In light of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 2 and 5 (including all numbers), the plaintiff entered into a sales contract with the defendant on January 20, 2016 that purchases each real estate listed in the separate sheet (hereinafter "each real estate of this case") at KRW 1.6 billion (hereinafter "the sales contract of this case"). The plaintiff completed the registration of transfer of ownership of each real estate of this case on January 26, 2016, and the defendant possessed each real estate of this case until the closing date of the pleadings of this case.

According to the above facts of recognition, the defendant is obligated to deliver each of the real estate of this case to the plaintiff, except in special circumstances.

2. Judgment on the defendant's assertion

A. 1) At the time of the Defendant’s assertion, the Plaintiff first completed the registration of transfer of ownership on each of the instant real estate, and subsequently received a loan as security within a prompt time, and subrogated repayment of the Defendant’s obligation, and paid the difference between the purchase price and the subrogated repayment to the Defendant.

Therefore, even until now, the Plaintiff has not paid KRW 524,160,939 out of the sales price under the instant sales contract.

Accordingly, the Defendant notified the Plaintiff of the payment of the remainder as the delivery of the copy of the complaint of the Cheongju District Court 2019 Gohap 10740 case for the registration of cancellation of ownership (hereinafter “relevant case”) which the Defendant filed against the Plaintiff, and expressed his/her intent to cancel the instant sales contract in the event that the remainder is not paid within a reasonable period of time.

In this regard, the Plaintiff still did not pay the balance, so the instant sales contract was rescinded.

2) The deadline for payment of the purchase price under the instant sales contract by the Plaintiff’s assertion is the Plaintiff’s disposal of all of the instant real estate.

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