(영문) 창원지방법원진주지원 2020.04.22 2019가단36345

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원진주지원 2020.04.22 2019가단36345

토지인도

Text

1. The defendant shall deliver to the plaintiff the land and building indicated in the attached list.

2. The costs of lawsuit shall be borne by the defendant.

Reasons

1. Facts of recognition;

A. The land and buildings indicated in the attached list (hereinafter “instant real estate”) were owned by the Defendant. On April 23, 2013, C, D, and E completed the registration of transfer of ownership on the ground of sale by compulsory auction on April 18, 2013. The Plaintiff completed the registration of transfer of ownership on the instant real estate on June 14, 2013 for sale on May 22, 2013.

1. The Defendant purchased the instant real estate from the Plaintiff on April 10, 2019, and paid 50 million won out of the purchase price until June 28, 2019, and the remainder KRW 20 million until December 31, 2019.

2. The Plaintiff received KRW 50 million out of the above purchase price (on June 28, 2019), and simultaneously implements the procedure for the registration of ownership transfer of the instant real estate to the Defendant.

3. The Defendant shall pay KRW 20 million to the Plaintiff; among them, KRW 10 million shall be paid until December 31, 2020, and the remainder KRW 10 million shall be paid until December 31, 2020, respectively; if the performance is delayed, the benefit of the due date shall be lost immediately, and if the performance is delayed, the unpaid amount shall be paid by adding 10% interest per annum to the unpaid amount.

B. After completing the registration of transfer of ownership with respect to the instant real estate, the Plaintiff demanded the Defendant to deliver the instant real estate, but the Defendant failed to comply therewith, on October 30, 2018, filed a lawsuit against the Defendant seeking the delivery, etc. of the instant real estate ( Changwon District Court 2018Da3821), and on April 10, 2019, conciliation (hereinafter “instant conciliation”) was established as follows.

C. The Defendant did not pay the purchase price pursuant to the above adjustment clause to the Plaintiff up to now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The plaintiff is obligated to pay the purchase price to the plaintiff according to the instant conciliation, but the defendant did not implement the determination on the cause of the claim.

유사 판례

-서울동부지방법원 2015.01.30 2014나4400

-의정부지방법원 2018.12.06 2018나3442

-수원지방법원 2016.08.09 2015가합71484

-서울동부지방법원 2014.09.19 2014나200

-대전지방법원서산지원 2019.02.14 2018가합51791