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(영문) 춘천지방법원강릉지원 2016.10.25 2015가단24399
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On January 20, 2008, the Plaintiff concluded a sales contract with Defendant Daelim Industry Co., Ltd. (hereinafter “Defendant Daelim Industry”) to sell the apartment of this case at KRW 139,000,000 in sales price.

B. The Plaintiff paid the down payment of KRW 13,900,000 on the date of the contract, and received KRW 83,400,000 from the NAF pursuant to the part payments collective loan agreement with the Defendant Dae Forest Industry and the NAFF and paid the intermediate payment.

C. After that, around May 2010, the construction was interrupted due to the occurrence of an accident of guarantee for sale due to the bankruptcy, bankruptcy, renunciation of business, etc. of the Defendant Grand Forest Industry, and the Defendant Grand Forest Industry resumed and completed construction again on September 30, 2014. On September 30, 2014, upon entering into a trust agreement with the Defendant Grand Forest Trust Co., Ltd. (hereinafter “Defendant International Asset Trust”) and completing the registration of ownership transfer in the Defendant International Asset Trust.

[Ground of recognition] Evidence No. 1-3, Evidence No. 2, 3, Evidence No. 5, and the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the contract of this case requires the execution of ownership transfer registration procedure as the seller of this case according to the contract of this case, and the defendants asserted that the contract of this case was concluded.

B. According to the purport of Gap evidence Nos. 1 (Termination of Agreement) and Eul evidence Nos. 2-1 (Dismissal of Performance) and the whole pleadings, the plaintiff put his seal directly on the termination of agreement and the letter of performance around December 2012. According to the above agreement termination, the contract for the instant apartment contract concluded between the plaintiff and the defendant Daelim Industry shall be terminated, and the defendant Daelim Industry shall preferentially pay the intermediate payment to be returned from the National Agricultural Cooperative Federation or the National Agricultural Cooperative Federation, which is an intermediate payment obligee, with the right to reimbursement from the National Housing Finance Corporation, and the plaintiff shall claim the right to return the sale price against the Korea Housing Finance Corporation pursuant to the Housing Sale Guarantee Form.

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