beta
(영문) 대전지방법원천안지원 2017.11.30 2017가단6326

소유권이전등기절차이행

Text

1. The plaintiff's primary claim against the defendant Korea Assets Trust Co., Ltd. and the defendants' conjunctive claim.

Reasons

1. Basic facts

A. Defendant Korea Asset Trust Co., Ltd. (hereinafter “Defendant Korea Asset Trust”) entered into a land trust agreement with the Defendant, Co., Ltd., Ltd. (hereinafter “Defendant Construction”) on the project for the construction of the instant real estate complex B in Yong-gu, Nam-gu, Seoul (hereinafter “instant real estate”), including real estate listed in the separate sheet (hereinafter “instant real estate”). Accordingly, the registration of ownership preservation on April 4, 2016 was completed on the instant real estate.

B. The Defendant Korea Asset Trust, while having Defendant Song Construction carry out the sales business of the instant real estate, issued, in a lump sum, a C-building supply contract with the seal impression of the representative director of the Defendant Korea Asset Trust.

C. The Plaintiff holds a claim amounting to KRW 561,240,000 for service charges of KRW 407,00,000 under the construction design contract and loans of KRW 154,240,000 for Defendant C Construction. The Plaintiff entered into a sales contract with Defendant C Asset Trust by setting the price of the instant real estate as KRW 104,850,00 for the collection of the said claim on or around December 4, 2013 (hereinafter “instant sales contract”), which was delivered from Defendant C Construction, with the supply contract for the instant real estate as KRW 104,850,00 for the collection of the said claim (hereinafter “instant sales contract”), and the sales contract for the instant real estate as set forth in the instant sales contract.

D. On the other hand, Article 1 (2) of the instant sales contract is as follows, and in the event that Eul (Buyer) deposits the down payment, intermediate payment, and late payment in another bank or other account, or pays in cash to us or related employees, etc., the sales contract of this case is not recognized as the supply price, and the seller and the defendant Korean Asset Trust do not bear any responsibility for all damages incurred therefrom.

"The down payment, intermediate payment and balance" are provided below.