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(영문) 인천지방법원 2015.08.13 2014나55901

소유권이전등기

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. A. Around September 28, 2001, the Defendant Busan Metropolitan City Reconstruction Association (hereinafter “Defendant Association”) entered into a contract for the construction of Sejong Metropolitan City Co., Ltd. (the name was changed to the development of the Sejong Metropolitan City Co., Ltd.) and the joint construction and sale of E, a main complex building, on the D ground of Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, with the agreement that the construction of the remaining real estate, other than the unit ownership corresponding to the shares of the members of the Defendant Association, was sold in lots and appropriated for the construction cost. The real estate indicated in the attached real estate as indicated in the attached Form (hereinafter “instant real estate”) is real estate to be sold in lots.

B. On September 9, 2002, the Defendant Cooperative and the Sejong Construction entered into a sales contract with Defendant C to sell the instant real estate at KRW 136,980,000. On October 13, 2003, Defendant B entered into a contract to succeed to the rights and obligations of Defendant C pursuant to the said sales contract, and on the same day, Defendant C drafted a letter of waiver of the rights and obligations to waive the rights and obligations to the instant real estate to the tax construction.

C. On October 16, 2003, Defendant B received a written confirmation that Defendant B paid 121,760,000 won of the sale price of the pertinent real estate on condition that he succeeds to KRW 56,537,310 of the instant real estate loans from the Sejong Construction.

The real estate sales contract prepared by the Plaintiff on March 27, 2006 with respect to the real estate of this case between the taxing construction and the taxing construction on March 27, 2006 states that the Plaintiff would pay in lump sum the purchase price of KRW 150 million, and that the Plaintiff would be responsible for repayment of the principal and interest of the intermediate payment under Defendant C’s name on the instant real estate.

E. Defendant B is the vice-branch of the Incheon District Court on January 8, 2008.