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(영문) 서울남부지방법원 2020.01.21 2019가단215320
소유권이전등기
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, a corporation that runs a housing construction business, etc., is promoting the new construction of an apartment in the area of 2,890 square meters of the total site area in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu (hereinafter “instant project site”).

The defendant is located in the business site of this case

1. Attached Form concerning real estate;

2. It is an owner who holds a share (hereinafter “instant real estate”).

B. On March 16, 2018, the Plaintiff obtained the approval of the project plan regarding the business of constructing apartment units in the instant project site from the head of Yeongdeungpo-gu Office (hereinafter “instant project plan”).

C. On August 11, 2018, the Plaintiff entered the instant real estate as KRW 90 million in the Plaintiff’s certificate No. 5-1 (real estate sales contract) of KRW 50 million between the Defendant and the Defendant.

A contract deposit shall be purchased at the time of the contract, and the remainder amount of KRW 10 million shall be paid at the time of the contract, and the remainder amount of KRW 40 million shall be stated as KRW 80 million in a certificate of KRW 5-1 (real estate sales contract).

On the other hand, although the sales contract No. 1 states that the amount is “one hundred thousand won,” it appears to be a clerical error in the contract.

A. On October 30, 2018, the sales contract was concluded to pay the PF lending date as soon as possible (hereinafter “instant sales contract”). D.

On March 7, 2019, the Defendant sent to the Plaintiff a certificate that the said sales contract was terminated on the ground that the Plaintiff did not pay any balance under the instant sales contract, and around that time, the said certificate reached the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 8, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment as to the main claim

A. On August 11, 2018, the Plaintiff asserted that the instant real estate was purchased at KRW 90 million with respect to the Defendant and the instant real estate, and the down payment of KRW 10 million shall be paid at the time of the contract and the remainder of KRW 80 million shall be paid at the time of the contract.

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