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(영문) 대구지방법원 2019.05.31 2018가단108206
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a)in the fourth floor of the building listed in the annex list, the indication of the annex No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 10;

Reasons

1. Basic facts

A. On December 31, 2016, the Plaintiff entered into a sales contract with the Defendant to sell to the Defendant the buildings indicated in the attached list of 511.7 square meters and its ground owned by the Plaintiff (hereinafter “instant land and building”) for KRW 1,875,00,000 (hereinafter “instant sales contract”), and the main contents thereof are as follows.

Article 6 [Non-performance and Compensation] Article 6 (Payment in January 3, 2017) of the balance of KRW 210,000,000 (payment in January 3, 2017) of the payment of KRW 210,000 (payment in January 30, 2017) (payment in arrears and compensation in March 30, 2017) of the payment of KRW 750,00,000 for the down payment of KRW 40,000 (on the present hand, by the buyer’s succession) (on the current status), the buyer or buyer may give written peremptory notice and rescind the contract against the defaulted person.

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

Matters of special agreement

7. The balance after the sale and purchase of buildings E shall be settled; and

B. The Defendant paid the Plaintiff the down payment of KRW 40,000,000 on the day of the instant sales contract, and paid KRW 154,50,000 out of the intermediate payment of KRW 210,000 on January 3, 2017.

C. Meanwhile, the Plaintiff, among the four floors of the instant building, allowed the Defendant to live free of charge on the part (A) C of the instant building No. 99.19 square meters in the instant building (hereinafter “instant building No. C”), which was connected in sequence with each point of the attached drawing Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 14 among the four floors of the instant building, and the Defendant occupied and resided in the instant building No. 3 from January 11, 2017 to the instant building No. 3.

As the Plaintiff did not pay the remainder of intermediate payments and remainder, on January 23, 2018, the documents necessary for the registration of ownership transfer of the instant land and building to the Defendant.

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