(영문) 서울동부지방법원 2020.07.10 2020나20878

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2020.07.10 2020나20878

건물명도(인도)

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the counterclaim claim filed by this court are dismissed.

2. Costs of appeal; and

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 22, 2019, the Plaintiffs concluded a sales contract for each of the instant real estate (hereinafter “instant sales contract”) with the Defendant as co-owners of each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”, and individually indicated the number of houses), and the key contents thereof are as follows.

The sale price: 2.30 million won (in the event of a contract, the balance of 1.9 billion won shall be paid, respectively, on June 28, 2019) Article 2 (Transfer of Ownership) shall be delivered to the buyer all documents necessary for the registration of transfer of ownership at the same time as the balance of the purchase price is received, and shall cooperate in the registration procedure, and the delivery date of each real estate of this case shall be June 28, 2019.

Article 6 (Non-performance of Obligations and Estimated Compensation for Damages) If a seller or buyer fails to perform any of the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted of the contract and cancel the contract.

In addition, the parties to the contract may claim damages due to the cancellation of the contract to each other, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

3. Of the down payment, KRW 2 million shall be paid on the date of the contract, the remainder of KRW 18 million shall be deposited on April 25, 2019, and KRW 200 million shall be deposited on May 25, 2019, and the seller shall cooperate that the buyer moves into Korea on April 25, 2019.

5. The sales contract of this case is the total amount of 11 households of each real estate of this case, and the total amount of the lease deposit is KRW 1.5 billion.

9. Since enforcement fines for illegal buildings (hereinafter referred to as the “illegal households of this case”) are currently underway, the expanded part is confirmed and recognized by the buyer, and is registered as an illegal building on the building ledger, and enforcement fines shall be borne by the buyer after the remainder date.

유사 판례

-대구지방법원서부지원 2015.06.10 2014가단28101

-광주지방법원 2017.08.17 2016가합59077

-부산지방법원 2014.11.27 2014가합1013

-서울고등법원 2018.07.12 2017나2076518

-서울서부지방법원 2020.02.13 2019나1866