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(영문) 서울중앙지방법원 2017.09.13 2016가단5008476

소유권이전등기절차이행 등 청구의 소

Text

1. Defendant C Co., Ltd. is based on sale on May 2, 2003 with respect to the real estate stated in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant C’s sales contract 1) Defendant C Co., Ltd. (former trade name: D Co., Ltd.; hereinafter “Defendant C”) regardless of mutual change

) The 7th ground floor above the 4th underground floor located in Seocheon-gu, Seocheon-gu E (hereinafter “instant commercial building”).

(2) On April 15, 2003, Defendant C contracted the instant construction to F with F Co., Ltd. (hereinafter “F”).

Defendant C agreed that “If the construction costs of G (H, I, J, K, L, and M) fall short of the financial resources for the construction costs and the payment method thereof, the sales price of the project shall be paid.”

(3) On May 2, 2003, the Plaintiff entered into a sales contract with Defendant C with the total selling price of KRW 760,50,000 [the first down payment of KRW 76,050,000 (the time of performance contract), the second down payment of KRW 76,050,000 ( May 30, 2003), the first intermediate payment of KRW 152,10,000 (the performance period of March 15, 2004), the second intermediate payment of KRW 152,10,000 (the performance period of June 15, 2004), the intermediate payment of KRW 3rd intermediate payment of KRW 152,50,00 (the performance period of the performance period of the contract), and the sales contract of KRW 152,10,000 (the performance period of the contract of KRW 150,00) (the performance period of the contract of KRW 15,200).

(4) On May 15, 2004, the Plaintiff paid KRW 76,050,000 for the intermediate payment, KRW 76,050,00 for the intermediate payment, and KRW 76,050,00 for the intermediate payment, and KRW 152,10,000 for the intermediate payment on May 30, 2003, and KRW 152,10,00 for the intermediate payment on March 15, 2004. The Plaintiff paid the remainder of KRW 152,10,00 for the intermediate payment and KRW 152,10,00 for the intermediate payment and KRW 152,10,00 for the intermediate payment and KRW 152,100 for the intermediate payment on September 15, 2004 (a loan of KRW 113,90,00 for the intermediate payment and KRW 190,00 for the intermediate payment).

5) Defendant C and F jointly and severally guaranteed the Plaintiff’s obligation of loans to Obank in relation to the amount of KRW 266,00,000 (=152,100,000 113,900,000) and part of the second and third intermediate payments of the instant sales contract.

(b) Registration of disposal trust and provisional disposition; and