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(영문) 서울중앙지방법원 2015.01.15 2013가단261981
소유권이전등기절차이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. 1) On October 7, 2010, the Plaintiff (Buyer) and the Defendant (seller) are 1/3 of the share of Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government large 200 square meters (hereinafter “instant land”).

) The real estate listed in the separate sheet (hereinafter referred to as “instant building”) and the attached sheet;

) The sales contract for the instant sales contract (hereinafter “instant sales contract”).

(A) The total amount of the purchase price of the instant land and buildings is KRW 280,000,000,000,000.

B) On October 7, 2010, the Plaintiff paid a down payment of KRW 28 million to the Defendant on October 27, 2010, the Plaintiff paid KRW 1220 million out of the purchase price to the Defendant on October 27, 2010. At the same time, the Defendant completed the registration of ownership transfer as to the instant building, and deliver the instant building to the Plaintiff on the same day, on the same day, the Plaintiff shall complete the registration of ownership transfer as to the instant building, and shall replace the Plaintiff with KRW 65 million, which was already paid by the Plaintiff as the deposit for the lease on the third floor of the instant building. E) the Defendant completed the registration of ownership transfer as to the instant land by May 7, 201, and at the same time, the Plaintiff shall pay the remainder to the Defendant at the same time.

2) On October 7, 2010, the Plaintiff paid the Defendant KRW 122 million out of the sales amount and KRW 28 million (the above KRW 1220 million was remitted to D at the Defendant’s request.

(iii) [In the absence of dispute over the basis of recognition, entry in Gap evidence 1, 2, and 3, respectively.

B. According to the above facts of recognition, the defendant is obligated to complete the registration of transfer of ownership of the building of this case to the plaintiff according to the sales contract of this case, unless there are other circumstances.

2. The Defendant asserts that since the judgment on the Defendant’s defense transferred ownership of the instant building to D on April 3, 2014, which was after the conclusion of the instant sales contract, the obligation of the Defendant to transfer ownership of the instant building under the instant sales contract was impossible.

In selling or purchasing real estate, the seller shall object thereof.

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