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1. The Plaintiff and the Defendant shall have the right to use, profit from, and dispose of an unauthorized building listed in the attached list.
Reasons
1. Basic facts
A. The Plaintiff’s mother C, P, or D purchased jointly F and G land of Yongsan-gu Seoul E-dong (hereinafter “E-dong”) on May 6, 1995, and completed the registration of ownership transfer around that time.
B. The first owner of an unauthorized building (hereinafter referred to as “instant building”) written out on the F and H ground was registered as D. However, following the change of ownership, the Plaintiff was registered as the owner from October 11, 2005 to June 30, 2010, from July 1, 2010 to January 6, 2015, from January 14, 2015 to January 14, 2018.
C. On November 30, 2017, the Defendant purchased the instant building at KRW 270,00,000 (in the case of a contract with KRW 70,000,000, an intermediate payment of KRW 180,000,000, the intermediate payment of KRW 180,000 on December 15, 2017, and the remainder of KRW 120,00,000 on December 21, 2017)” below the first sales contract.
B. A sales contract was concluded, and the J, which was registered as the owner of the building of this case in the ledger of unauthorized Building, was written on October 17, 2017 by entering the Plaintiff as the seller’s agent, respectively.
On November 30, 2017, the Defendant paid the down payment of KRW 70,000,000 to K licensed real estate agents who arranged the said contract, and received a receipt of down payment prepared by the Plaintiff as his agent.
그런데 원고는 2017. 12. 4. 위 매매계약을 중개한 공인중개사 K이 계약금을 원고에게 전달하지 않고 중간에 가로챘다고 주장하며 이 문제가 2017. 12. 8.까지 해결되지 않는다면 즉시 계약을 해제하겠다는 취지의 통고서를 피고와 K에게 보낸 후 잔금 기일에 그 이행장소에 나가지 않았다.
On December 27, 2017, the defendant sent a content-certified mail claiming the seller's default and demanding the amount of compensation.
E. After that, J excluded the Plaintiff and directly consult with the Defendant.