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(영문) 수원지방법원 2016.07.21 2015가합66338
건물명도
Text

1. Defendant A:

(a) deliver the real estate listed in Attachment 1;

(b) 29,600,000 won and its corresponding;

Reasons

1. Basic facts

A. Ef.A. E. E.F (hereinafter referred to as “E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E.

B. On August 31, 2010, the non-party company entered into a real estate security trust agreement with the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) on the instant apartment, and completed the registration of ownership transfer of the instant apartment in the future of the Korea Exchange Bank. If the non-party company, after selling the instant apartment, sold the apartment, and then the foreign Exchange Bank entered into an agreement with the buyer on the transfer of ownership of the relevant apartment to the buyer.

(hereinafter “instant trust contract”). C.

According to the instant trust agreement, on September 7, 2010, the registration of ownership transfer was completed in the future of the foreign exchange bank.

On October 23, 2013, Defendant A entered into a sales contract with Nonparty Company as the purchase price of KRW 560,019,680, down payment of KRW 56,001,970, the remainder of KRW 504,017,710, and the remainder payment of KRW 504,017,710, and KRW 56,001,970 on December 23, 2013 with respect to the real estate listed in paragraph (1) of the [Attachment A] of the attached Table (hereinafter “instant apartment 101,2102”), and occupied the said apartment.

E. On May 14, 2013, Defendant B entered into a provisional contract with Nonparty Company on the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant apartment”) and paid KRW 47,00,000, which is a part of the down payment on June 27, 2013, and occupied the said apartment.

F. On July 18, 2013, Defendant B concluded a sales contract for the instant apartment building 106,2203 with Nonparty Company, the sales price of which was 560,019,680 won, down payment was 56,01,968 won, remainder 504,017,712 won, and the remainder payment was paid on September 27, 2013, and on the same day, Defendant B paid the remainder down payment, excluding the down payment that was paid earlier.

(g)the foreign exchange bank shall be treated as this;

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