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(영문) 대구지방법원 2018.12.12 2018나314002
건물
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On June 19, 2017, the Plaintiff entered into a contract with the Defendant to purchase real estate listed in the separate sheet (hereinafter “instant real estate”) and its site in Daegu Northern-gu C and D’s KRW 1.5 billion (hereinafter “instant sales contract”).

B. At the time of the instant sales contract, the Plaintiff and the Defendant drafted a sales contract (hereinafter “instant sales contract”) and, unlike the actual ones, entered the sales price in KRW 1.5 billion, instead of KRW 1.5 billion.

C. However, at the time of the remainder payment under the instant sales contract, the Plaintiff and the Defendant drafted a new sales contract stating the purchase price of each of the above lands as KRW 1.5 billion as actual (hereinafter “instant sales contract”). D.

In accordance with the instant sales contract, the Plaintiff paid all KRW 1.5 billion to the Defendant by August 28, 2017. The Defendant completed the registration of ownership transfer based on the instant sales contract in the future of the Plaintiff on August 28, 2017 with respect to each of the above real estate, but the instant real estate has not been delivered to the Plaintiff and has been occupied until now.

[Ground of recognition] Unsatisfy, Gap 1 through 8 (including branch numbers if there is a satisfy number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiff is the owner of the real estate of this case. Thus, barring special circumstances, the defendant is obligated to deliver the real estate of this case to the plaintiff, and the defendant is obligated to pay damages or unjust enrichment equivalent to the rent for illegal possession of the building of this case.

3. Judgment on the defendant's defense

A. According to the evidence No. 4 of the terms and conditions of the instant sales contract, “Plaintiff” in the column for the special terms and conditions of the instant sales contract concluded at the time of the instant sales contract to the Defendant for ten years.

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