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(영문) 서울서부지방법원 2021.03.11 2019가단203821
소유권이전등기
Text

1. Defendant B: The Plaintiff

A. As to the real estate stated in the separate sheet, the sale on May 10, 2018 is based on the purchase and sale thereof.

Reasons

1. Basic facts

A. In 2018, D Regional Housing Association was under reconstruction on the E ground of Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

In addition, on April 26, 2017, Defendant B acquired the status of the two parties that can receive apartment units listed in the attached Table (hereinafter “instant apartment units”) among the aforesaid apartment units being reconstructed.

B. Defendant B sold the instant apartment that was reconstructed on May 10, 2018 to the Plaintiff.

(1) The above sales contract was arranged by G Co., Ltd. (hereinafter “G”) for which Defendant C was the representative director.

(2) In concluding the above sales contract, the Plaintiff prepared a sales confirmation form (AA 1 and A 12) without preparing a sales contract, and prepared a proxy form (A 3) with respect to service fees such as brokerage, etc. that the Plaintiff would pay KRW 12,500,000 to G.

As to the purchase price that the Plaintiff has to pay to Defendant B, including ① payment of KRW 173,00,000 to the buyer (Defendant B), ② the buyer paid the seller’s expenses for the transfer of ownership; ③ the buyer paid KRW 12,60,000 to the seller when the buyer is registered for the transfer of ownership; ④ the buyer bears interest on the seller’s loan after May 30, 2018. However, the buyer did not clearly set the specific amount of the purchase price.

(3) On October 24, 2018, Defendant B borrowed KRW 186,282,00,000 from H to pay for the intermediate payment loan of KRW 180,282,00,00, and used bonds to repay the H loan principal, Defendant B entered into a separate lease agreement with the Plaintiff regarding the instant apartment in the manner of repaying the principal and interest of the bonds. Defendant B paid the Plaintiff the loan of KRW 280,000 to Defendant B with the loan of KRW 28,00,000 on the surface.

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