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(영문) 서울북부지방법원 2018.09.13 2017가합24469
손해배상(기)
Text

1. The Defendants jointly share KRW 200,000,000 to the Plaintiff and Defendant B with respect thereto from August 2, 2017, and Defendant C.

Reasons

Basic Facts

Defendant B was the nominal owner on the entire certificate of the registered matters to be registered in the G [the instant building], which is each of the above ground buildings and D, E, F (hereinafter referred to as the “instant land”), and the part excluding the entire 101, 102, and the 2nd floor (hereinafter referred to as the “instant building”) among the parts of G [the 101, 101, 102, 102, and 10 floors underground or above the 10th floor of the steel reinforced concrete structure (reficive concrete structure) and Class 2 neighborhood living facilities underground].

Defendant C was the actual owner of each of the instant real property that completed provisional registration of the right to claim ownership transfer registration, and establishment registration of neighboring mortgage on the instant building.

On January 29, 2014, the Plaintiff entered into a sales contract with the Defendants on January 29, 2014, designating the purchaser as the Plaintiff and the seller as the registered titleholder B, and entered into a sales contract for each of the instant real estate (Evidence A No. 1; hereinafter “instant sales contract”), and the main contents thereof are as follows:

The sales contract of this case

1. Indication of real estate: Each real estate of this case;

2. Article 1 of the Terms and Conditions of Contract / [Purpose] Article 1 of the Terms and Conditions of Contract : 3,964,000,000 won (1) 60,000 won of down payment and 240,000,000 won shall be paid and received at the time of the second contract and (2) an intermediate payment 2,757,00,000 won shall be substituted by a succession to the loans by banks (the Ministry of Agriculture, Forestry and Rural Affairs, and the Central Saemaul Bank).

(3) Any balance of 270,000,000 won (transfer, etc. of ownership) seller shall receive the balance of the purchase price and deliver all documents necessary for the registration of ownership transfer to the purchaser and cooperate with the registration procedures, and the delivery date of the said real estate shall be February 28, 2014.

[Matters of Special Agreement]

1. Terms and conditions of sale on public account books: From among the total buildings, those under subparagraphs 101, 102 and 2 shall be excluded from those subject to sale and purchase;

§ 637,00,000. 2. Conditions of succession to the attached list lease agreement and deposit for lease;

3. Conditions to succeed to loans of 2,757,00,000 won.

4. Separate contract for the value-added tax on the sale of buildings subject to sale: The purchaser shall be borne by the value-added tax.

8...

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