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(영문) 인천지방법원부천지원 2016.06.15 2014가합8416
건물퇴거등
Text

1. The main office of this case shall be dismissed.

2. The defendant (Counterclaim plaintiff)'s counterclaim is all dismissed.

3. The costs of the lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. G’s building extension G owned a building extension permission for the construction of a building as indicated in attached Table 2 List 1 (hereinafter “the instant existing building”) on each of the instant land, and a building as indicated in attached Table 2 List 2, attached hereto (hereinafter “the instant existing building”) on each of the instant land, in Seocheon-gu, Seocheon-gu, Seocheon-gu, H 206.2m2, 108m2, JJ 55m2, 106m2, JJ 106m2 (hereinafter “each of the instant land”). However, among each of the instant land, the building extension permission was granted on December 31, 1984 to the remainder of the instant land, excluding the instant existing building site, and the building extension construction was commenced on December 5, 1985.

B. G on December 27, 1985, each of the instant lands and the existing building of this case, and G on December 27, 1985, respectively, shall be the land of this case and the existing building of this case, which is a joint mortgage creation and auction commencement of the existing building of this case.

(2) In the future, the registration of creation of a mortgage on each of the instant lands and the instant existing buildings was initiated through the execution of the right to collateral security by Choung Bank. In the auction procedure, on February 26, 1988, Choung Bank was awarded a successful bid on each of the instant land and the instant existing building.

C. On June 21, 198, Defendant C and D entered into a sales contract to purchase each of the instant land and the instant existing building in the form of KRW 1,139,100,000 between the Plaintiff’s each of the instant land and the instant building, and paid part of the purchase price. 2) After which, between the Plaintiff on August 11, 1989, Defendant C and D entered into a sales contract with the Plaintiff on August 11, 1989, to transfer the purchaser status under the said sales contract to KRW 150,00,000 for premiums. The Plaintiff entered into a sales contract with Defendant C and D on August 30, 1989 for premiums in the form of KRW 1,50,000 for premiums in accordance with the said contract.

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