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(영문) 서울동부지방법원 2019.12.11 2019가합100194
분양대금 등 반환 청구의 소
Text

1. The plaintiff A:

(a) Defendant H, I, J, and K jointly KRW 156,826,97 and as regards them:

B. Defendant C is the above.

(b).

Reasons

1. Indication of claim;

A. The Plaintiffs: (a) partial heading rooms (as of August 23, 1996, death, L, D, E, F, and G inheritance),O (as of December 7, 2001, death, L, K, J, and M) L (as of January 12, 201, during the instant lawsuit, Defendant D, E, F, G) and Defendant H, I, J, J, and K (as of January 12, 201, 7, including N, referred to as “N, etc.”); and (b) five-story land buildings (hereinafter “instant building”) other than Gangdong-gu Seoul Metropolitan Government P and five-story land buildings (as of August 23, 1996, hereinafter “the instant sales contract”) were concluded for the sales contract (as of December 7, 2001, Q, R, 2, 3, 500, 250, 505, 250, 1965, 505, 2965, 254, 25, 196

B. Plaintiff A paid KRW 42,50,500 among the sale price for the second floor Q of the instant building to N, etc., and KRW 29,46,00 among the sale price for the second floor R of the instant building, and Plaintiff B paid KRW 42,50,500 among the sale price for the second floor S of the instant building. Plaintiff B paid KRW 42,50,500 among the sale price for the second floor S of the instant building.

C. Meanwhile, on the other hand, registration of ownership preservation was completed in the name of N, etc. on January 15, 1996 on the instant building, and N, etc. did not follow the procedures for registration of ownership transfer to the Plaintiffs on the object of sale until now.

D. Accordingly, Plaintiff A notified the Defendants to implement the procedure for the registration of ownership transfer of the pertinent heading room by serving the instant complaint on the Defendants by realizing the sale balance of the second floor Q heading Q heading of the instant building, and KRW 15 million for the sale balance of the second floor R heading of the instant building, and Plaintiff B notified the Defendants to perform the procedure for the registration of ownership transfer of the pertinent heading room. If the Defendants fail to perform the contract within two weeks from the date of receipt of the instant complaint, the Plaintiffs terminated each of the instant sales contracts on the grounds of nonperformance by the Defendants.

E. Therefore, the Plaintiffs were to restore to their original state due to the cancellation of each of the instant sales contracts, and the Defendants were ordered to do so.

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