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(영문) 서울중앙지방법원 2014.11.21 2013가단225114
소유권이전등기
Text

1. The Defendant receives KRW 25,250,684 from the Plaintiff and simultaneously receives KRW 25,250,684 from the Plaintiff on October 2012.

Reasons

1. Facts of recognition;

A. On May 12, 2009, the Plaintiff leased and used the real estate listed in the separate sheet from the Defendant as KRW 100 million, monthly rent of KRW 2320,000.

B. On October 11, 2012, the Plaintiff, on behalf of the Defendant, concluded a sales contract with the total purchase price of KRW 475 million on behalf of the Defendant (hereinafter “instant sales contract”).

The payment of the purchase price shall be made in KRW 50 million on the date of the contract, and the intermediate payment of KRW 100 million was replaced by the Plaintiff’s refund from the Defendant as KRW 100 million on the lease deposit, and the sale balance was paid on November 12, 2012, on the condition that the registration of the right to collateral security and the provisional seizure of Nonparty D (the claim amount of KRW 130 million) established on the real estate listed in the attached list are cancelled.

C. On February 28, 2013, the Defendant was unable to cancel the registration of the right to collateral security and provisional seizure. Around February 28, 2013, the Defendant revised the instant sales contract with the condition that the registration of the said right to collateral security and provisional seizure should be cancelled, the payment of additional intermediate payment of KRW 10 million shall be made, and the remainder of KRW 315 million shall be paid on March 4, 2013 (the Plaintiff paid KRW 10 million on the same day to the Defendant as an intermediate payment).

At present, the collateral security established on the real estate listed in the attached list was cancelled, but the registration of provisional seizure in the name of D was not cancelled, and D applied for auction after transferring the above provisional seizure to the seizure.

The Plaintiff continued to occupy the real estate listed in the attached list after the instant sales contract.

In the instant lawsuit, the Plaintiff and the Defendant paid the remaining purchase price and monthly rent, etc., and the Defendant attempted to reach an agreement under the condition to cancel the registration of provisional seizure, but failed to reach an agreement. On September 18, 2014, the Plaintiff deposited KRW 315 million with the Defendant as the principal deposit in accordance with Article 487 of the Civil Act by having the Defendant as the principal deposit in accordance with the court No. 20885, Sept. 18, 201

[Grounds for recognition] Gap 1.

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