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(영문) 대전지방법원 2020.11.12 2020가단104375

구상금

Text

The defendant is 18,746,131 won to the plaintiff and 5% per annum from February 18, 2020 to November 12, 2020.

Reasons

1. Facts of recognition;

A. 1) C-building housing association (hereinafter “instant association”)

(2) Around April 2004, the Defendant, who is a member of the instant association, concluded a sales contract with the instant association by providing that the part of exclusive ownership and the share of the site of the instant building should be provided in the form of parcelling-out with regard to the apartment building indicated in the attached Table from the instant association as well as the part of the ownership of the relevant building (hereinafter “instant apartment building”) in order to implement the housing reconstruction project by making the housing reconstruction association authorized pursuant to the former Housing Construction Promotion Act (amended by Act No. 6852, Dec. 30, 2002).

When concluding the above sales contract, the instant association agreed to transfer the ownership of 33.4250/19,809.3 of the land which is the object of the site ownership of the instant apartment to the Defendant as a site ownership.

3) However, around August 4, 2006, the instant association completed the registration of ownership preservation on the apartment of this case to the Defendant, and completed the registration of ownership ownership only for the portion of the land which is the object of the site ownership as the site ownership on the part of exclusive ownership (the instant association completed the registration of ownership ownership on the whole of the share of the site ownership agreed upon to general buyers who are not members of the association).

B. B. On March 18, 2010, the Plaintiff concluding a sales contract between the Plaintiff and the Defendant purchased the instant apartment from the Defendant (hereinafter “instant sales”).

The main contents of the instant sales contract are as follows.

Land category, area, and size of apartment E-family land outside Daejeon-gu, Daejeon-gu, and seven parcels: 12.495/195/19,809.3 building structure and use: reinforced concrete, residential building, and 84.97 square meters in size.

2. Terms of a contract: 206,000,000 won.

3.The present condition of the special agreement.