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(영문) 서울북부지방법원 2018.02.01 2015가단23670
건물명도 등
Text

1. The Defendant’s monthly from KRW 22,787,00 to KRW 22,787,00, from July 11, 2016 to the delivery date of each real estate indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. On June 30, 2008, the Plaintiff and the Defendant sold each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”) to the Defendant at KRW 178 million, but the down payment is KRW 10 million on the date of the contract, the intermediate payment of KRW 50 million on August 18, 2008, and the remainder of KRW 118 million on September 30, 2008 (hereinafter “instant sales contract”) entered into a sales contract with the Defendant to receive each of the payments on September 30, 2008 (hereinafter “instant sales contract”). The Plaintiff agreed to the effect that “if the Plaintiff or the Defendant fails to fulfill the terms and conditions of the said sales contract, the other party may be notified in writing to the person who failed to fulfill the said contract, and may claim for cancellation of the contract, and shall be deemed as compensation for damage, unless there is any separate agreement, and received KRW 10 million from the Defendant on the same day.

B. On the other hand, in the column for the special terms of the sales contract of this case, "it is confirmed that there is no collateral registered on the 2.4. present status, and (hereinafter omitted),"

5. Ascertainment that the road is not the current seller; the land is attached with the cadastral map; the seller and the buyer are not related. C. On July 11, 2008, the Plaintiff entered into an agreement with the Defendant to change the content on the payment of intermediate payments and the delivery date of each of the instant real estate from July 11, 2008 to the Defendant at the same time as the intermediate payments are paid from the Defendant on July 11, 2008, and deliver each of the instant real estate to the Defendant; and the Defendant’s repair, use, and profit-making is permitted from the day following the delivery date to the payment date of the remainder under the said sales contract; and all of the liabilities for the management, etc. are borne by the Defendant. On the same day, the Plaintiff received KRW 50 million from the Defendant and delivered each of the said real estate to the Defendant.

However, the defendant has followed the fact that the plaintiff has true rights to each of the instant real estate.

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