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(영문) 인천지방법원 2016.07.13 2014가단78088
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) the indication of the attached drawings among the real estate listed in the attached list;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 22, 2013, the Plaintiff’s husband, on behalf of the Plaintiff, sold 13 parcels of land and the building on the ground of four parcels of land (hereinafter collectively referred to as “instant real estate”) among the said parcels of land (including the loan amount) to the Defendant (hereinafter collectively referred to as the “instant real estate”) including the land of 1,80,000,000 square meters, and the down payment of KRW 130,000,000 for the contract date, intermediate payment of KRW 470,00,000 was concluded on May 22, 2013, the remainder payment of KRW 20,000,000 was paid on May 30, 2013 (hereinafter referred to as “instant sales contract”).

B. On April 22, 2013, the Defendant paid the Plaintiff a down payment of KRW 130,000,000 to the Plaintiff, and thereafter, occupied and used the instant real estate from around that time, but did not pay the intermediate payment and the remainder payment even after the date of the intermediate payment and the remainder payment.

C. On September 2, 2014, the Plaintiff kept documents necessary for the implementation of the procedures for the registration of transfer of ownership to the instant real estate in the attorney’s office, and sent a content-certified mail demanding the payment of intermediate payments and remainder to the Defendant by September 19, 2014. The said content-certified mail reached the Defendant on September 3, 2014, which is the following day.

After that, the Defendant did not pay an intermediate payment and any balance, the Plaintiff sent a content-certified mail containing a declaration of intent to cancel the instant sales contract on October 6, 2014, and the said content-certified mail sent to the Defendant on October 7, 2014 following the following day.

[Ground of Recognition] Facts without dispute, entry and video of Gap's 1 to 8, 15 evidence (including branch numbers in case of provisional number) and the purport of Gap's testimony and whole pleadings

2. The parties' assertion

A. Inasmuch as the instant sales contract was rescinded, the summary of the argument regarding the principal lawsuit was revoked, the Defendant is obligated to deliver to the Plaintiff the part possessed by the Defendant, among the instant real estate, due to restitution following the rescission, and the Defendant is obliged to deliver to the Plaintiff the said part among the instant real estate from May 1, 2013.

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