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(영문) 대구지방법원 2019.04.23 2018가단114607
소유권이전등기
Text

1. The defendant shall receive KRW 188,000,000 from the plaintiff and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff as the party concerned is a regional housing association established to promote a housing construction project with the Daegu Suwon-gu C Ildong as a project implementation district pursuant to the Housing Act and its Enforcement Decree, which is a project site and is running a housing construction project with the 4th underground floors, 1,358 apartment units on the 59th ground, 540 apartment units on the 59th floor, 540 apartment units on the 59th floor, and 540 apartment units on the 59th floor, and a new appurtenant facilities. The Defendant is the owner of the real estate in the attached list in the instant project site (hereinafter “instant real estate”).

B. 1) The Defendant entered into a sales agreement with D Co., Ltd. and one other company on July 26, 2014: (a) the sales price of the instant real estate is KRW 490,00,000; (b) the contract deposit is KRW 49,000,000 when the contract is at least 95%, the intermediate payment of KRW 196,000,000 within five months after the contract is paid the down payment; and (c) the remainder of KRW 245,00,000 is paid at the time of confirmation of the completion of the payment of the intermediate payment within two months after the payment of the intermediate payment (hereinafter “the instant sales agreement”).

(2) On December 29, 2014, D Co., Ltd. transferred to the Plaintiff all rights and obligations relating to real estate subject to the sales contract, including the instant real estate.

3 The Plaintiff’s contract deposit amount of KRW 49,00,000 on January 15, 2015, and the same year pursuant to the instant sales agreement.

6. 15. Payment of intermediate payment of KRW 196,00,000.

4) Since the delay of the Plaintiff’s business, the Plaintiff failed to pay the remainder on the date of the remainder payment as originally agreed upon. On December 15, 2015, the Plaintiff agreed to extend the payment period of the remainder between the Defendant and the Defendant as of January 30, 2016, and pay 12,000,000 won as interest for delay. (5) Nevertheless, the Plaintiff failed to comply with the said payment period, and on August 14, 2018, after the instant filing, paid KRW 257,00,000 to the Defendant under the remaining terms of the instant transaction agreement.

C. The Plaintiff approved the Plaintiff’s housing construction project plan 1.

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