(영문) 인천지방법원 2019.01.22 2018나52498

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(영문) 인천지방법원 2019.01.22 2018나52498

건물명도 등

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1. Of the judgment of the court of first instance, the part concerning the counterclaim in the judgment shall be modified as follows:

Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 25, 2010, the Plaintiff and the Defendant concluded a sales contract with the following terms (hereinafter “instant sales contract”).

1. Marking of corporeal movables to be transferred or taken over;

(a) Real estate indicated in this case;

(b) The corporeal movables display (hereinafter “the corporeal movables of this case”) (1) The corporeal movables are three gacquerels. (2) The 5 cquerels. (3) One cquerel of wastewater permit. (4) One cquerel of waste water.

3. The Plaintiff (the Plaintiff) promises to transfer and acquire the instant real estate and corporeal movables to B (the Defendant) at a sale price of KRW 50 million per day.

4. A, upon receiving the instant real estate and corporeal movables from a notary public in respect of this Agreement, promised B to pay the amount of KRW 150 million to B immediately after receiving the said real estate and corporeal movables from A, and A, upon receiving the amount of KRW 150 million from B, shall transfer the instant real estate and corporeal movables to B.

5. Eul promises to deposit KRW 200,000 per month from April 15, 2010 to the time of transfer of ownership of the instant real estate from April 15, 2010 to the account number E of the bank.

Provided, That if there is a ground for early repayment and increase in the interest rate in the bank above, it shall be dealt with by agreement with Gap and Eul in the fact that the bank made the establishment of the right to collateral security with the maximum debt amount of KRW 480 million from the bank as the mortgagee of the right to collateral security.

6. From July 2, 2010 to June 2, 2015, Eul promises to deposit KRW 300,000,000 to Eul’s deposit account (a deposit account opened by agreement with Eul) each month from July 2, 2010 to June 2, 2015.

7. If B does not comply with the above paragraph 6 above, the agreement on the transfer or acquisition of real estate and corporeal movables shall be null and void, shall be restored to its original state, and the amount deposited under the above paragraph 6 above shall be reverted to A.

9. A promises to transfer ownership of the instant real estate to B at the same time with the above KRW 400 million from B.

B. The defendant is a sales contract of this case.

유사 판례

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-부산지방법원 2019.05.22 2017가합51095

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