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(영문) 의정부지방법원 2019.11.13 2019가합50311
소유권이전등기절차이행에대한동의의사표시
Text

1. The defendant received KRW 415,000,000 from the plaintiff and simultaneously received it from the plaintiff, and against the plaintiff of C Co., Ltd.

Reasons

1. Facts of recognition;

A. C Co., Ltd (formerly changed: D Co., Ltd.; hereinafter “C”) concluded a trust agreement on real estate management with the owner of the starting construction interest of the F apartment on the land surface outside of E and four parcels of land in the original city, wherein, on August 12, 2005, the above F apartment is the trust real estate between G Co., Ltd. (former trade name: H: H: hereinafter “G”) and the truster is the defendant, while preserving and managing the name of the trust real estate, and upon the transfer of the ownership to the buyer, G directly transfers the ownership to the buyer.

B. On September 26, 2011, the Plaintiff entered into a contract with C to purchase each of the above F apartment units listed in the separate sheet (hereinafter “instant apartment units 61 unit”) in total at KRW 2.69 million (20 square meters, KRW 41.5 million, KRW 25 million, KRW 25 square meters, KRW 49 million) (hereinafter “instant sales contract”). In this case, the Defendant agreed to cooperate in the transfer of ownership pursuant to the instant sales contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant, upon the plaintiff's request, is obligated to receive KRW 415 million from the plaintiff, and at the same time, to express his/her consent to the plaintiff with respect to the implementation of the procedure for ownership transfer registration for the 61 household of the apartment of this case as to the plaintiff of this case.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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