beta
(영문) 서울중앙지방법원 2020.10.07 2020가단5168092

소유권이전등기

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

On July 18, 2018, the Plaintiff entered into a sales contract with the Defendant to purchase real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) for KRW 704,00,000,000, and agreed as follows.

(2) On May 30, 2019, the remainder of KRW 124,000 (the obligation to return KRW 380,000,000 to the tenant prior to the date of establishment of a partnership) is delivered documents necessary for the registration of transfer of ownership on May 30, 2019, and the balance of KRW 70,000,000 (the obligation to return KRW 380,000 to the tenant prior to the date of establishment of a partnership within the redevelopment zone) was confirmed to be the object of the purchase of ownership at the time of the contract, and the seller, including the seller, was entitled to the purchase of ownership at the time of the intermediate payment on August 14, 2018. The seller’s members, including the seller, confirmed that the ownership transfer right is registered at the time of establishment of a partnership in the redevelopment zone C, and the buyer is disqualified for membership in the future, and the seller, separately from the seller’s filing of the purchase and sale contract and the seller’s claim to pay the intermediate payment to the Defendant 80.

(2) On April 3, 2019, the Plaintiff, after the intermediate payment, knew that the Defendant’s household members owned another unauthorized house within the redevelopment improvement zone, and the Defendant was not a person eligible for the sole purchase, and verified that the Plaintiff was a person eligible for the sole purchase until April 10, 2019, and was within the redevelopment improvement zone.