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(영문) 인천지방법원 2018.01.11 2017가단7704
건물명도
Text

1. The meaning of the Defendant (Counterclaim Plaintiff) and the Defendants’ respective “each person” is the content of the obligations to be borne by each of the Defendants.

Reasons

1. Basic facts

A. Defendant C married with the deceased F (hereinafter “the deceased”) and had E, G, H, Defendant B, and D as his child under the chain.

B. The Plaintiff completed the registration of ownership transfer with respect to the instant apartment on January 27, 200. On February 2, 2017, the Plaintiff entered into a sales contract with E to sell the instant apartment in KRW 290 million (hereinafter “instant sales contract”) and completed the registration of ownership transfer on February 23, 2017.

On the other hand, before the conclusion of the sales contract of this case, the apartment of this case has been residing by the Defendants and Defendant C’s external grandchildren.

C. Without the involvement of a licensed real estate agent, the Plaintiff prepared a sales contract in relation to the instant sales contract with E. The special terms and conditions of the said sales contract include that “current residents are free tenants who have no security deposit and monthly rent, and the purchaser shall accept it (the name of the purchaser),” and “the purchaser shall accept the contract without any response to the inside of the house and shall not raise any objection later.”

On the other hand, the Plaintiff did not directly visit the instant apartment before the conclusion of the instant sales contract, and the instant sales contract was concluded at a price lower than the market price at the time of the instant apartment.

According to the instant sales contract, the Plaintiff paid KRW 10 million to E as down payment on the day of the instant sales contract, and KRW 80 million on February 23, 2017, respectively. On the same day, E repaid all the loans granted by the instant apartment as collateral, cancelled all the establishment registration of a neighboring mortgage established as collateral, and paid the remainder to E in full.

E. At present, Defendant B currently keeps a registration right, sales contract, acquisition tax, registration tax, etc. of the apartment of this case, and the lease contract entered into with I who entered into a lease contract on April 24, 200.

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