소유권이전등기
1. The judgment of the court of first instance is modified as follows.
The defendant shall receive KRW 237,00,000 from the plaintiff at the same time.
1. Basic facts
A. The Plaintiff is a regional housing association established with the authorization of establishment under the Housing Act for the purpose of building a house by newly constructing a collective housing in Daegu Suwon-gu and 132 lots (hereinafter “instant project site”). The Defendant is the owner of the real estate in the attached list in the instant project site (hereinafter “instant real estate”).
B. 1) The Defendant entered into a sales agreement on July 26, 2014, the sales price of the instant real estate is KRW 490,000,000 with the “stock company D and one other,” and the contract deposit is KRW 49,000,000 at least 95%, the intermediate payment is KRW 196,00,000 when the contract is concluded and the intermediate payment is paid within five months after the down payment, and the remainder KRW 245,00,000 is each paid at the time of confirmation of the completion of life expectancy within two months after the intermediate payment is paid (hereinafter “previous sales agreement”).
(2) On December 29, 2014, D transferred all rights and obligations relating to real estate subject to a sales contract, including the instant real estate, to the Plaintiff.
3 The Plaintiff’s contract deposit of KRW 49,00,000 for the Defendant on January 15, 2015 under the previous transaction agreement, and the same year.
6. 15. Payment of intermediate payment of KRW 196,00,000.
4) As a result of the delay in business, the Plaintiff was unable to pay the remainder on the date of payment of the remainder as originally agreed upon, on December 15, 2015, the Plaintiff agreed to extend the payment period of the remainder between the Defendant and the Defendant as of January 30, 2016 and pay 12,00,000 won for interest accrued therefrom. (5) Nevertheless, the Plaintiff failed to comply with the payment period of the remainder, and on August 14, 2018, the date of the instant lawsuit, the Plaintiff paid KRW 257,00,000 for the remainder of the previous transaction agreement to the Defendant.
C. On August 24, 2018, the Plaintiff obtained ownership or right to use at least 95% of the instant project site and constructed apartment houses from the Daegu Metropolitan City Mayor on the said project site (hereinafter “instant housing construction project”).