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(영문) 서울중앙지방법원 2013.08.12 2012가합507366
소유권이전등기절차 이행청구 등
Text

1. The Plaintiff:

A. Defendant B received KRW 10,699,228,580 from the Plaintiff, and at the same time, set forth in attached Table 1.

Reasons

1. Basic facts

A. The Plaintiff is a reconstruction maintenance and improvement project association that completed the registration of incorporation on November 16, 2005 pursuant to Article 18(2) of the former Housing Construction Promotion Act (amended by Act No. 5451, Dec. 13, 1997) and Article 3 of the Addenda of the same Act (amended by Act No. 5451, Dec. 30, 2002) with the area of 18,684 square meters in total as the project area (hereinafter “former project area”).

B. On January 12, 2006, the Mayor of Seoul Special Metropolitan City designated a reconstruction project district of the total size of 26,941.7 square meters under the name of the Gwanak-gu Seoul Special Metropolitan City Lbu, Seoul Special Metropolitan City, which is adjacent to the business area prior to the alteration to the Seoul Special Metropolitan City Public Notice K, (hereinafter “the Seoul Special Metropolitan City Public Notice K”), and designated a reconstruction project district of the size of 26,941.7 square meters (hereinafter “the alteration project area”). The portion added to the alteration project area after the alteration (hereinafter “additional area”). The real estate listed in paragraph (1) of the attached Table No. 1 of the attached Table No. 2 owned by the Defendant as indicated in paragraph (2) of the attached Table No. 3 owned by the Defendant (hereinafter “the real estate No. 2”), and each real estate listed in paragraph (3) of the attached Table No. D owned by the Defendant (hereinafter “the real estate No. 3”).

C. On October 24, 2006, the Plaintiff concluded a sales contract with Defendant B for the purchase price of KRW 19,054,560,000 with respect to the first and second real estate in this case.

In addition, on September 25, 2006, the Plaintiff entered into a sales contract with Defendant D on KRW 3,167,00,000 with respect to the instant third real estate. However, as the Plaintiff was unable to pay the purchase price and the contract was rescinded, the Plaintiff again entered into a sales contract with Defendant D on March 10, 2007 with KRW 3,46,984,436.

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