logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.09.19 2018가합512568
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Defendant entered into a sales contract on December 5, 2017, into a real estate indicated in the attached Table, owned by the Defendant (hereinafter “instant real estate”) with the Plaintiff on December 5, 2017.

(2) The Plaintiff agreed to pay KRW 100,000 on December 5, 2017, the intermediate payment of KRW 100,000,000 on December 27, 2017; the intermediate payment of KRW 240,000,000 on December 27, 2017; the remainder of KRW 600,000 on January 17, 2018; and the remainder of KRW 600,00,000 on January 6, 200 by succeeding to the obligation to refund the deposit to the lessee (hereinafter “the instant transaction”).

(2) The Plaintiff paid the down payment and intermediate payment to the Defendant according to the instant sales contract.

B. C’s remaining payment claim against the Plaintiff 1) The Defendant’s spouse filed a claim against the Defendant for ownership transfer registration on the ground of termination of title trust on the instant real estate (U.S. District Court Decision 2016Da228122), and May 17, 2017, a favorable judgment was rendered on the grounds of service by public notice, and the said judgment became final and conclusive on June 2, 2017 (hereinafter “related judgment”).

(2) Meanwhile, on December 7, 2017, the Defendant returned KRW 60,000,000 out of the lease deposit to the lessee of the instant real estate.

3) On January 11, 2018, C presented the pertinent judgment to the Plaintiff on January 11, 2018, as well as KRW 60,000,000 already returned to the lessee out of the lease deposit obligations under which the Plaintiff agreed to succeed to the remainder of KRW 240,000,000, and the Plaintiff’s succession to the ownership of the instant real estate.

(4) On January 12, 2018, the Plaintiff and C demanded payment. On January 12, 2018, at the Defendant’s Licensed Real Estate Agent’s Office, the Defendant and C attended the office of notary public and authenticated a letter of confirmation, and then delivered it to the Plaintiff, the Plaintiff would pay the remainder to C and complete the registration of ownership transfer concerning the instant real estate.

C. On January 19, 2018, the Plaintiff and the Defendant were prepared to register the transfer of ownership to the Plaintiff on the grounds that the Plaintiff and the Defendant were fully prepared to register the transfer of ownership to the Plaintiff.

arrow