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(영문) 서울서부지방법원 2015.10.13 2015가단5555
매매대금
Text

1. The Defendant: (a) KRW 25,00,000 for the Plaintiff and 5% per annum from July 13, 2012 to October 13, 2015; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. A. A. On April 1993, the Plaintiff entered into a pre-sale agreement with the Defendant and C on the seller, the Defendant, the prospective purchaser for temporary diversion of land, and C as the purchaser, and the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. After that, as C renounced the purchase of the instant real estate on June 8, 1994, the Plaintiff paid 120 million won out of the remainder 145 million won under the said purchase and sale promise to the Plaintiff on June 8, 1994, and the Plaintiff agreed to deliver documents necessary for the registration of ownership transfer under the Defendant’s name and receive 25 million won for the instant real estate until June 18, 1994.

(hereinafter referred to as "the sales contract of this case").

On September 21, 2011, the defendant filed a lawsuit against the plaintiff and D to file a claim for ownership transfer registration with the Seoul Western District Court 201Gadan842, and rendered a judgment from the above court that "the plaintiff shall perform the procedure for ownership transfer registration for each real estate listed in attached Tables 2 and 3 to the defendant on June 8, 1994, and if the execution of provisional seizure is cancelled by the decision of seizure to transfer the provisional seizure to the defendant on May 30, 2006, Incheon District Court 2006 Taga2953, the plaintiff shall execute the procedure for ownership transfer registration for each real estate listed in attached Tables 1, 4, and 5, and D shall implement the procedure for ownership transfer registration for each real estate listed in attached Tables 6 through 9 on June 8, 199."

Accordingly, the Plaintiff and D appealed as Seoul Western District Court 201Na10475, but was sentenced to the dismissal on March 22, 2012. The Plaintiff and D appealed as Supreme Court 2012Da34733, but the said judgment became final and conclusive on July 12, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including paper numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. Determination

(a)the cause of the claim;

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