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(영문) 서울중앙지방법원 2019.01.24 2018가단5045714
소유권이전등기
Text

1. The plaintiff's conjunctive claim shall be dismissed.

2. The defendant shall pay 134,750,000 won from C and 90,750 among them.

Reasons

. Facts of recognition.

A. On March 31, 2010, the Defendant entered into a sales contract with C on the instant real estate owned by the Defendant as follows:

(hereinafter “instant sales contract”). Sales proceeds of KRW 192,50,00 - down payment of KRW 19,250,000 shall be paid on the date of the contract, and an intermediate payment of KRW 38,500,000 shall be paid on May 14, 2010, and any balance of KRW 134,750,00 shall be paid on July 1, 2010.

* Matters of special agreement* - The lessee shall succeed to the lease deposit, 44,000,000 won shall be subtracted from the purchase price.

- 29,900,000 won, aggregate of two cases of collateral security (D, E Bank) shall be repaid and terminated by the seller on the outstanding date.

B. Although C paid the down payment and the intermediate payment to the Defendant, C did not pay the remainder on the remainder payment date despite the provision of performance, such as the preparation of documents necessary for the registration of transfer of ownership.

Accordingly, Defendant B filed a lawsuit against C on March 24, 201 with Seoul Central District Court Decision 201Da105704, supra, seeking the payment of KRW 90,750,000, which deducts deposit of KRW 134,750,000 from the lease deposit of KRW 134,750,000,00. On November 30, 2011, the above court affirmed that “A Defendant completed the submission of documents necessary for the registration of ownership transfer of the instant real estate and the preparation for delivery of the real estate on the outstanding payment date and requested the Defendant to pay the remainder, but C did not comply with the request from the date of the remainder payment to the date of the closing of argument,” and that “C shall pay the Plaintiff (the instant Defendant) with 90,750,000,000 and 20% interest calculated on a yearly basis from November 17, 2011 to the date of full payment, and the judgment became final and conclusive.”

C. On February 2, 2017, the Defendant filed a lawsuit against C seeking the acquisition of the ownership transfer registration procedure based on the instant sales contract as Seoul Central District Court Decision 2017Kadan10440 on the instant real estate, and the Plaintiff participated in the said judgment as a supplementary intervenor of C.

The above court on January 25, 2018

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