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(영문) 서울고등법원 2019.06.20 2018나2065850
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part against the plaintiff regarding the defendant who falls under the following order to perform.

Reasons

1. Basic facts

A. The ownership relation of the real estate listed in the separate sheet 1) The real estate listed in the separate sheet 1) is an apartment complex located in the G of Seongbuk-gu, Sungnam-si (hereinafter “instant apartment complex”).

On December 11, 2009, the registration of ownership transfer was completed under the name of the Defendant on November 24, 2006 under the name of the Defendant as the grounds for registration. 2) On January 27, 2015, the Defendant entered into a lease agreement with H, setting the instant apartment as the deposit amount of KRW 600,000,000, monthly rent of KRW 300,000, and the period of February 12, 2018.

3) On December 2, 2016, the Defendant’s husband: (a) filed a lawsuit against the Defendant seeking the registration of ownership transfer based on the cancellation of title trust with respect to the instant apartment; (b) on May 17, 2017, on the grounds that the Defendant’s whereabouts are unknown, the Defendant’s husband, was sentenced to a judgment for claimant on May 17, 2017, and became final and conclusive as it is (U.S. District Court Decision 2016Da228122, hereinafter “related judgment”).

B. B. On December 5, 2017, I, the Defendant, and C, representing the Plaintiff, concluded a sales contract to purchase the instant apartment from the Defendant (hereinafter “instant sales contract”) in the presence of a licensed real estate agent E of the “J Licensed Real Estate Agent Office” requested by the Plaintiff as the buyer and the Defendant, who is the seller, as the broker of the “K Licensed Real Estate Agent Office” (hereinafter “Licensed Real Estate Agent Office”), to purchase the instant apartment from the Defendant with the following contents. At the time, the Defendant and C did not mention any relevant judgment against the Plaintiff.

The purchase price: KRW 100,000,000 for the down payment of KRW 1,040,000,000 for the contract, the intermediate payment of KRW 100,000 for the intermediate payment of KRW 240,000 for the remainder of December 27, 2017, and KRW 240,000 for the remainder of January 17, 2018 shall be paid respectively, and the remainder of KRW 600,000 for the Plaintiff’s obligation to refund the deposit of KRW 60,000 for the Plaintiff.

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