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(영문) 대전지방법원천안지원 2017.11.22 2017가단101603

소유권이전등기

Text

1. As to the real estate stated in the attached list to the Plaintiff, Defendant A was caused by sale on January 31, 2017.

Reasons

1. Claim against the defendant A;

A. On January 31, 2017, the Plaintiff entered into a sales contract with Defendant A by setting the price of KRW 119,620,000 for the real estate listed in the separate sheet (hereinafter “instant real estate”).

(b) Applicable provisions of Acts: Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act.

2. Claim against the defendant Korea Asset Trust Co., Ltd. (hereinafter referred to as the "Defendant Korea Asset Trust");

A. (1) The Defendant Korean Asset Trust entered into a trust agreement with Song Construction Co., Ltd. (hereinafter referred to as “Song Construction”) with respect to the instant real estate (hereinafter referred to as “Song Construction”) on the project for the construction of the Jeju-si Complex B East-dong Complex, including the instant real estate, and accordingly, registered the preservation of ownership on April 4, 2016.

(2) The Defendant Korea Asset Trust Co., Ltd. issued, in a lump sum, the C Supply Contract, on which the seal imprint of the representative director of the Defendant Korea Asset Trust Co., Ltd. affixed, while having the Plaintiff perform the sales of the instant real estate, etc.

(3) On March 3, 2015, Defendant A signed and sealed the sales contract at KRW 119,620,00 with respect to the instant real estate between Defendant Korea Assets Trust (hereinafter “instant sales contract”) and C supply contract (hereinafter “instant sales contract”) that was delivered from s transmission and construction.

(4) Meanwhile, Article 1(2) of the instant sales contract provides that “In the event that the payment bank of the contract deposit, intermediate payment, balance and late payment charges, the payment account, and the deposit account are as follows, and the buyer (Buyer) deposits the down payment, intermediate payment, remainder and late payment charges into another bank or another account other than the following account, or pays them in cash to us or relevant employees, etc., it is not recognized as the payment of the supply price, and there is no responsibility for all damages arising therefrom.”