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(영문) 서울중앙지방법원 2017.07.14 2016가합534427

소유권이전등기

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

On April 19, 2007, the Plaintiff’s guarantee claim against F made an agreement with G Co., Ltd. (hereinafter “G”) and G, the representative director of which is the representative director, to register the Plaintiff as a member of the H Housing Association three months prior to the moving-in of the Plaintiff, and to supply the Plaintiff with one bond for an apartment of 32 square-type association in the manner that the Plaintiff can be sold voluntarily if the registration of the association member is impossible. If the supply of a partnership apartment is impossible, the Plaintiff shall pay KRW 600 million to the Plaintiff.

G did not provide the Plaintiff with 32 square-type 1 bonds, and on January 16, 2008, the Plaintiff and G borrowed the above 600 million won from the Plaintiff and agreed to pay the said money by March 14, 2008, and to pay the interest calculated at the rate of 12% per annum from December 20, 2007 to the payment date. The F and I guaranteed the Plaintiff’s obligation to pay the above borrowed money.

Attached Form

A sales contract with respect to each real estate listed in the separate list for the conclusion of a sales contract for each real estate entered in the list was prepared as follows:

The buyer's address of each sales contract is described as "six stories of Seocho-gu Seoul Metropolitan City J building", which is described as "K" as "L", and the registration number of the corporation whose representative director is "K" is written as "K," and the name column was written as "F", and the name column was written as "F", and the seal impression of K corporation was affixed on the name side of the F.

The sale price of the object on the first day determined all the time of the contract deposit at the time of the contract, within 45 days after the payment of the contract deposit, and within 10 months after the payment of the contract deposit (pre-payment at the time of completion of the PF).

1. On June 15, 2006, KRW 575 million (the remainder of KRW 10 million, KRW 57.6 million, KRW 68.4 million, the remainder of the contract deposit of KRW 57.6 million) of each real estate listed in [Attachment 1 and [Attachment 1] and [2] of [Attachment 1 and [2] of [Attachment 3 and 4] of 2006, KRW 52 million.