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1. The defendant has each point in the order of indication 1, 2, 3, 4, 5, 6, and 1 of the attached drawings on the surface of Eunpyeong-gu Seoul and E in order to the plaintiff.
Reasons
1. Basic facts
A. On February 15, 2017, the Defendant: (a) transferred to the Plaintiff all rights regarding the Eunpyeong-gu Seoul F Unauthorized Building (hereinafter “instant building”) purchased from the Defendant’s Intervenor (hereinafter “ Intervenor”) (hereinafter “instant transfer contract”); and (b) drafted a letter of performance of the instant transfer contract, instead of performing the obligation of borrowing KRW 80,60,000 against the Plaintiff.
A written statement of the performance (hereinafter referred to as "the entry of this case") is written in the statement that "C (A) shall return to the office." (hereinafter referred to as "the entry of this case").
B. The sales contract for the instant building, drafted on November 1, 2013 between the Defendant and the Intervenor, states that “In addition to the purchase price of five million won, the Defendant shall pay 1.5 million won on the last day of each month between the next three years, and the Intervenor shall, in the event the Defendant repairs the building, make the house a condition that the building be reconstructed up until the completion of the construction is completed.” There are two copies of photographs stamped the exterior of the instant building at the time.
[Reasons for Recognition] A without dispute, entry of Gap evidence 1 and 2, the result of an appraisal commission to the Korea Land Information Corporation by this court, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion: The intervenor transferred the building of this case to the defendant while hospitalized in the convalescent, so the defendant is obligated to deliver the building to the plaintiff according to the transfer contract of this case.
B. Defendant’s assertion: The intervenor is expected to reside in the building of this case again, and the time period during which the intervenor is obligated to deliver the building may not be deemed to arrive as the part indicated in this case.
3. In light of the reasons and purpose of the preparation of the instant text of the judgment, the part in the instant case does not actively grant the Plaintiff the right to profit from occupying and using the instant building until the Intervenor’s survival, except in extenuating circumstances.