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(영문) 서울중앙지방법원 2019.01.31 2018가합521814
건물명도(인도)
Text

1. The Defendant: (a) KRW 6,00,000 for Plaintiff A and for this, KRW 5% per annum from January 20, 2018 to January 31, 2019; and (b).

Reasons

1. Basic facts

A. The status of the parties A is the mother of the Plaintiff B and the network D, and the Plaintiff B is the partner of the network D, and the Defendant is the spouse of the network D deceased on January 18, 2012.

B. Co., Ltd. E (hereinafter “E”) around November 2004, the Plaintiffs entered into a club agreement on the instant real estate

B) Between Gangnam-gu Seoul and four parcels, the instant real estate newly constructed on the ground of Gangnam-gu Seoul Metropolitan Government purchase the purchase price of KRW 900 million ( KRW 500 million for the land, KRW 400 million for the construction cost), and the down payment shall be KRW 200 million for the intermediate payment, and the remainder shall be paid at the time of land registration at the time of the transfer, respectively, at the same time the remainder shall be paid to each of the parties at the time of the occupancy (hereinafter “instant agreement”).

2) On February 2, 2005, the intermediate payment of KRW 200 million, paid by the network D, and the intermediate payment of KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won

(No. 4-2, No. 18). (c)

Plaintiff

B W W Written Dismissal of Waiver 2010

2. As of September 2, 200, a written waiver of the following purport: “The acquisition of the instant real estate by borrowing KRW 500 million from D in acquiring it, but the principal and interest cannot be repaid; thus, the ownership and all rights of the instant real estate cannot be waived; and it shall be deemed to have been exceeded to the Defendant, the wife of D.” (Evidence A 3; hereinafter “the written waiver of the instant real estate”).

On July 22, 2014, the Plaintiffs filed a lawsuit against the Defendant on July 2, 2014 against the Seoul Central District Court 2014Da5206856 (the principal lawsuit) to seek confirmation of the existence of the lessor’s abandonment. After that, the Defendant filed a lawsuit against the Plaintiffs on August 22, 2014, based on the letter of renunciation of the instant case (No. 2014Da5239849 (Counterclaim) and sought implementation of the procedure for the registration of ownership transfer as to each one-half of the instant real estate against the Plaintiffs (the Plaintiffs, on the other hand, withdrawn the said principal lawsuit on August 20, 2015).

on September 3, 2015.

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