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Reasons
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(영문) 서울고등법원 2016.10.13 2016나2011385
건물명도
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1. The Defendant (Counterclaim Plaintiff)’s appeal as to the principal lawsuit is dismissed.

2. The defendant (Counterclaim plaintiff) raised in the trial.

Reasons

1. Basic facts

A. On February 27, 2002, the Defendant entered into a sales contract, etc. between the Defendant and C, with the indication of real estate indicated in the attached Form (hereinafter “instant apartment”).

(2) As to the instant apartment, a sales contract (hereinafter “instant sales contract”) was made between the Defendant and his mother C as of March 28, 2003, and the ownership transfer registration was completed on March 29, 2002, with respect to the instant apartment on the grounds of sale and purchase on January 29, 2000. 2) As to the instant apartment, a sales contract (hereinafter “instant sales contract”) was made between the Defendant and his mother C as of March 28, 2003, and on April 29, 2003, the ownership transfer registration was completed on March 28, 2003.

Article 1 In the sale of the apartment of this case, the buyer (C; hereinafter the same shall apply) shall pay the purchase price as follows:

The purchase price: The purchase price: the sum of gold KRW 500,000,000,000: the sum of gold KRW 20,000,000,000: the sum of gold KRW 28,000,000 shall be paid at the time of the contract, and the intermediate payment shall be received at the time of the contract: the sum of gold KRW 28,000,000 shall be paid on April 9, 200, and the remainder shall be paid on April 28, 2003.

Article 2 (Defendant) The seller shall receive the balance of the purchase price from the buyer, deliver all documents necessary for the transfer registration of ownership to the buyer, and cooperate with the transfer registration, and deliver the said apartment on April 28, 2003.

[Matters of Special Agreement]

1. The above apartment shall be sold and purchased at the present facilities;

2. On the date of the above apartment, our bank's maximum bond amounting to KRW 174 million and shall succeed to the remainder after deducting it at the time.

3. In addition to the remainder of the lease deposit, the seller is obligated to lease the apartment of this case at KRW 280 million between the Defendant and C (hereinafter “instant lease agreement”) on March 30, 2003 with respect to the apartment of this case as follows.

was drawn up.

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