logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.05.24 2017가단225308
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet, and KRW 25,135,095.

Reasons

1. On December 9, 2015, the Plaintiff asserts that, as the principal lawsuit and counterclaim, the real estate listed in the separate sheet (hereinafter “instant apartment”) owns the Plaintiff’s ownership preservation registration under the name of the Plaintiff, and that the Defendant occupies it, the Plaintiff sought against the Defendant for the delivery of the building and the return of unjust enrichment equivalent to the rent.

As to this, the defendant asserted that, since he purchased the apartment of this case which was newly constructed and unregistered, from C (the defendant's omission), the plaintiff's agent on September 6, 2015, the plaintiff cannot respond to the plaintiff's claim, and rather, the plaintiff's counterclaim is claiming the execution of the procedure for transfer registration of ownership based on the sale as of September 6, 2015.

2. Facts of recognition;

A. On July 18, 2014, the Plaintiff entered into a real estate sales contract (No. 1) between the Plaintiff and C with Nonparty C on July 18, 2014, under which the Plaintiff sold the Eunpyeong-gu Seoul Metropolitan Government D large 9m2 and its ground housing in KRW 900 million, owned by the Plaintiff to Nonparty C.

(The above sales contract provides that "300 million won out of 900 million won shall be paid immediately after the trust loan, and the balance shall be 600 million won shall be paid in advance after completion of the trust loan and shall be paid in advance with the general loan. In the event that the performance is not possible, five households in the new construction of the F apartment in D and E shall be transferred in the name of the plaintiff: Provided, That if the balance is paid normally, the contract with five households in the new construction shall be null and void."

On August 8, 2014, the Plaintiff drafted an agreement with Nonparty G Co., Ltd. (the representative director; hereinafter referred to as “Nonindicted Co., Ltd.”) on August 8, 2014 on the following terms and conditions:

(E) At that time, the land of Eunpyeong-gu Seoul was owned by H et al., and I land was owned by C). August 8, 200: The name of the new (rebuilding) project: the location of the project: Eunpyeong-gu Seoul Metropolitan Government and two lots of land (E, I): The land owned by the plaintiff.

arrow