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(영문) 전주지방법원 2017.03.29 2016가단15022
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) and the Defendant C jointly share with the Plaintiff (Counterclaim Defendant) among the buildings listed in attached Table 2.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On November 30, 2015, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from E who representedd D on November 30, 2015, with the price fixed as KRW 400 million.

(However, the so-called “the instant contract” was prepared with the purchase price of KRW 360 million. On the other hand, D, by January 11, 2016, the outstanding payment date of the intermediate payment date, cancelled the registration of the establishment of the right to collateral security (hereinafter “the instant right to collateral security”) equivalent to KRW 117 million on each of the said real estate, and the provisional registration of E’s right to claim transfer of ownership on July 3, 2008, and the Plaintiff succeeded to a lease agreement concluded on the instant building, but deducted the deposit from the balance, and the transfer registration was completed on December 22, 2015, which is the date of the intermediate payment.

Accordingly, the registration of creation of the instant right to collateral security was cancelled on December 23, 2015. On the same day, the Plaintiff completed the registration of transfer of ownership as stated in Section 2-A (2) (a) of the counterclaim claim for the instant land (hereinafter “registration of transfer of ownership”), and on January 15, 2016, cancelled the above provisional registration established on the instant land. On the same day, with respect to the said provisional registration established on the instant building, the above provisional registration was cancelled on November 30, 2015 between E and E on the grounds of a transfer contract for the right to claim ownership transfer (hereinafter “instant transfer contract”), and completed the registration of transfer of the right to claim ownership transfer as stated in Section 2-B (2) of the counterclaim claim for the instant provisional registration (hereinafter “registration of transfer of the instant provisional registration”), and completed the registration of transfer of ownership transfer as stated in Section 2-2 (b)(b) of the counterclaim claim based on the said provisional registration.

(hereinafter referred to as “registration of transfer of the second ownership”). (b)

The Defendant-Counterclaim Plaintiff (hereinafter “Defendant B”) and the Plaintiff.

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