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(영문) 서울중앙지방법원 2017.01.18 2016가합527030

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The party’s status B-Building Housing Association (hereinafter “instant association”) is the implementer of D-Housing Construction Project located in the Seoul Special Metropolitan City, Gwanak-gu and 11 lots, and the defendant is the Si Corporation, and the plaintiff is the person who purchased the said apartment house 503 (hereinafter “instant apartment”).

B. 1) The Plaintiff entered into a sales contract with the instant association around 2010 (hereinafter “instant sales contract”).

(2) The Plaintiff, the Defendant, and the instant association agreed to pay the remainder amount directly to the Defendant on March 4, 201, and on March 1, 2011, the Plaintiff paid the remainder amount of KRW 400 million to the Defendant on KRW 510 million, KRW 110 million, and the remainder amount of KRW 400 million.

C. In the instant apartment that failed to comply with the procedure for registration of ownership transfer, five decisions for the commencement of compulsory auction are being carried out, and the auction procedure is in progress. A total of KRW 13,437,373,480, and total of seven provisional seizures are being carried out. The Plaintiff has not completed the registration of ownership transfer on the instant apartment.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, purport of the whole pleadings

2. The plaintiff's assertion is the party to the sales contract of this case, and the plaintiff did not complete the registration of ownership transfer of the apartment of this case. The execution of the procedure for ownership transfer registration of this case is impossible due to compulsory auction and provisional attachment.

The plaintiff, as the service of the complaint of this case, cancelled the sales contract of this case on the ground that the defendant's obligation to transfer ownership is impossible.

Therefore, the defendant shall pay 400,000,000 won and damages for delay paid to the plaintiff.