분양권명의변경절차이행 청구의 소
1. The Defendants shall be paid KRW 26,500,000 from the Plaintiffs, and shall be paid to the Plaintiffs.
1. Facts of recognition;
A. On October 18, 2016, Nonparty 1 F (hereinafter “the deceased”) concluded a sales contract with Nonparty E Housing Reconstruction Project Association and the said Association paid KRW 80,000,000 of the down payment to G apartment H, which was executed by the said Association, but died on or around December 2016. Defendant C, the deceased’s children, acquired the deceased’s right to sell in lots (hereinafter “instant right to sell in lots”). On December 30, 2016, Defendant C acquired the deceased’s right to sell in lots (hereinafter “right to sell in lots”).
(b) inheritance;
Defendant D, as the spouse of Defendant C, acquired 1/2 of the sales rights of this case from Defendant C on January 6, 2017.
C. On February 19, 2017, the Plaintiffs, as married couple, agreed to purchase the instant sales right of KRW 110,000,000 from the Defendants (hereinafter “instant sales contract”), and paid the Defendants the down payment of KRW 5,000,000 on the same day to Defendant C’s I Bank account (transfer from Plaintiff A’s I Bank account to Defendant C’s I Bank account), and on March 5, 2017, KRW 95,000,000, out of the remainder on March 5, 2017, respectively.
(A) On March 3, 2017, Plaintiff A withdrawn KRW 85,000,000 from the said account as a check, and withdraws KRW 10,000,000 from Plaintiff B’s J bank account and paid to the Defendants on March 5, 2017.
On March 5, 2017, the Defendants agreed to pay the remainder of KRW 10,00,000 to the Plaintiff at the time of the change in the title of the instant sales right (hereinafter “the instant loan”). The Defendants agreed to enter into a special agreement (i.e., “the seller and the buyer bear all the expenses incurred in the registration of the buyer at the time of the change of title, and the buyer bears the transfer tax (tax and public charges following the transfer),” and “the seller shall issue a promissory note, and the buyer shall exercise a promissory note at the time of the change of title.”
E. The period of restriction on resale of the instant right was expired as of April 18, 2017, and on April 25, 2017, the Plaintiff sent to the Defendant C the word “Defendant C’s real estate and succession schedule.” The Defendant C’s real estate.