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(영문) 서울고등법원 2019.09.19 2019나2008571
분양권명의변경절차이행 등
Text

1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows.

The defendant.

Reasons

1. Basic facts

A. The Defendant’s membership status and the right to sell apartment units is the owner of Seongdong-gu Seoul Metropolitan Government 142 square meters (hereinafter “instant land”) and the members of the D Housing Redevelopment and Improvement Project Association (hereinafter “instant association”) that implements the housing redevelopment project in a single unit of the said land, and was sold in lots the E Apartment F (hereinafter “instant redevelopment apartment”) constructed by G company under the said housing redevelopment project.

B. On July 27, 2017, the Plaintiff purchased the Defendant’s right to sell the instant land and the instant redevelopment apartment sold in lots between the Defendant’s agent H and the Defendant, and the Defendant’s membership status as to the instant association in total of KRW 1.3 billion, and KRW 340 million of the moving expenses loan with the instant land as security (the Plaintiff’s succession to the ownership of the instant land).

() In order to secure KRW 340 million for the moving expense loan, a mortgage was established on the instant land, which is KRW 48 million with the maximum debt amount, KRW 921,216,524 (i.e., KRW 1,300,000, KRW 340,000 - KRW 340,000 - KRW 38,783,476), with the exception of KRW 38,783,476 on the instant land (hereinafter “instant sales contract”). The Plaintiff entered into a sales contract with the effect that the Plaintiff shall pay to the Defendant (hereinafter “instant sales contract”).

(2) According to the instant sales contract, the Plaintiff is obliged to pay the Defendant the remainder of KRW 92 million on the date of the contract, the intermediate payment of KRW 300 million on September 5, 2017, and KRW 529,216,524 on March 30, 2018, respectively. If it is necessary for the Defendant to submit documents, such as a certificate of seal impression, to transfer the sales goods (the winning right, etc. of the sales contract) to the Plaintiff at the same time as the remainder payment is made, the Plaintiff must immediately submit to the Plaintiff.

(Article 1) (Article 1. 3) Accordingly, the Plaintiff included the amount of KRW 20 million, which was paid in advance to the Defendant on July 25, 2017, prior to the conclusion of the original contract, as the down payment of KRW 92 million on the day of the contract.

A. The payment was made.

C. The defendant.

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