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(영문) 청주지방법원 2015.11.25 2015가단108826
토지인도
Text

1. The Defendant has each point of the Plaintiff, 1, 2, 3, 4 and 1, indicated in the annexed drawings on the ground of 3,624 square meters prior to Chungcheongbuk-gun B, 2, 3 and 4.

Reasons

1. The Plaintiff entered into a contract on May 12, 2012 to sell the purchase price of KRW 220 million to the Defendant, as the owner of the previous 3,624 square meters (hereinafter “instant land”) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and on May 12, 2012. The Defendant, after entering into a contract, decided to construct a new food factory building in the name of the Plaintiff on the said land.

Accordingly, the defendant constructed a 92.13mm2 on the ship, which connects each point of Adong Food Factory Building 589.50m2 and each point of Adong Food Factory Building 5,66, 77, 85m2 and 92.13m2 on the ship, which connects each point of 5m2, on the land above, and did not complete the construction of the Bdong Dormitory Building 92.13m2. The plaintiff did not pay the above purchase price.

On August 29, 2014, the Plaintiff filed a lawsuit against the Defendant (Cheongju District Court 2014Gahap27682 case) such as the delivery of land and the removal of buildings following the cancellation of a sales contract.

In the above case 2014Gahap27682, the compulsory adjustment decision was finalized on December 8, 2014, stating that “the Defendant completed the building at the Defendant’s responsibility and expense until March 15, 2015, and the Defendant completed the completion of construction and authorization procedures for the building of this case by April 15, 2015, and the Defendant paid KRW 210 million to the Plaintiff by April 30, 2015, and the Plaintiff cooperates with the Defendant’s completion of construction, completion, authorization procedures, and payment of damages for delay in default by one million won per day.”

After that, around March 2015, the Plaintiff and the Defendant partly changed the content of the compulsory adjustment decision, and “the Plaintiff” shall extend the Defendant’s performance period to three months, and shall not claim damages for delay for the extended three-month period to the Defendant. The Defendant shall pay the Plaintiff KRW 210 million to the Plaintiff by July 31, 2015, and if the Defendant fails to pay the price by the said deadline, the Plaintiff may rescind the instant sales contract. In this case, the Defendant may immediately deliver the instant land to the Plaintiff and claim the right to the building on the ground.

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