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(영문) 서울북부지방법원 2017.05.12 2015가단140216
건물인도 등 청구
Text

1. The Plaintiff:

(a) Defendant B, C, and D, among the buildings listed in paragraph 1 of the attached Table 1, are as follows: (a) indicated in Annex 1 drawings, (b) 17, 18, 14, and (c).

Reasons

1. Basic facts

A. N, the owner of the building in the Gangseo-gu Seoul Metropolitan Government (hereinafter “the instant one”) and N, the owner of the building in the instant case, around August 1996, concluded a sales contract with Qua and Q on July 28, 1996, for the purpose of newly constructing a multi-household house on both the instant land and the P &O owned by the owner of the building in the instant land (hereinafter “instant two land”) and on both sides of the P &O adjacent thereto (hereinafter “the instant two land”). However, the sales contract was concluded to pay an intermediate payment of KRW 145,00,000 at the time of the contract, 10,000,000, an intermediate payment of KRW 90,000 on August 10, 1996, and KRW 45,000,000 on the instant two land and the building on both sides.

B. On August 2, 1996, N awarded a contract to R for the construction of multi-household housing with the first underground floor and the fourth floor above the fourth floor above the ground to KRW 400,000,000 for the construction cost, and O obtained a construction permit for multi-household housing from the Gangwon-gu Office on August 12, 1996 with the consent to use the second land.

C. While N did not pay the remainder of the land except the down payment due to the shortage of the construction cost, N borrowed the total amount of KRW Q as KRW 40,000,000 on August 23, 1996 and KRW 110,000,000 on September 16, 1996, and KRW 30,000 on November 30, 196 as interest-based 2% on each interest. As a security, on August 23, 1996, N completed the registration of creation of a neighboring mortgage in Q Q’s name with the maximum debt amount of KRW 300,00,000 on one’s land and its ground.

N is difficult to complete the construction of the above multi-household housing because it was impossible for N to perform the loans from the above land purchase price and Q at the time, and the construction cost was not appropriately procured. The completed portion of the land and new building of this case between R and R on March 7, 1997 shall be sold to R in KRW 350,000,000, and 220,000,000 out of the purchase price shall be substituted by the sale to N for the above multi-household housing 201 and 301, and the remaining 130,000,000 won shall be paid in cash, and the collateral collateral obligation for Q shall be secured.

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