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(영문) 수원지방법원성남지원 2016.11.04 2015가단35613
매매대금
Text

1. The Defendants each of KRW 10,500,000 to the Plaintiff, respectively, and 5% per annum from August 28, 2010 to November 4, 2016.

Reasons

1. Facts of recognition;

A. On November 7, 2015, the Plaintiff and the Defendants concluded a sales contract (hereinafter “instant sales contract”) with respect to F apartment Nos. 303 and 404 (hereinafter “instant apartment”) with a total of KRW 200,000 (20,000,000,000,000,000,000 for a contract amount of KRW 129,000,00 for part payment, KRW 30,000 for part payment, KRW 30,000,00 for remainder payment, KRW 21,00,000 for remainder payment (no later than December 20, 2005)).

(B) On December 20, 2005, the payment date of intermediate payment was changed on November 18, 2005 and November 20, 2005, and the remaining payment date was changed on February 10, 2006.

On February 21, 2006, the Plaintiff completed the registration of ownership transfer with 1/2 shares on the whole part of the apartment of this case to the Defendants on the ground of the instant sales contract, but did not complete the registration of ownership transfer due to the lack of the registration of site ownership indication on the instant real estate which is the site.

C. The Defendants filed a lawsuit against the G Housing Association that is the owner on the registry of the instant apartment in Suwon District Court, Sungwon District Court (No. 2006Gadan15105), against the non-party G Housing Association that is the owner on the registry of the instant apartment in question, for the registration of ownership transfer on the ownership corresponding to the whole part of the instant apartment in question (each of 15.93/8947). On January 23, 2007, the said court rendered a judgment that on January 12, 2006, Non-party H’s Seoul Eastern District Court (No. 2006Kadan193, Jan. 12, 2006 (hereinafter “the provisional attachment of this case”), that the Defendants followed the procedures for the registration of ownership transfer on the said site in the condition of cancelling the provisional attachment (hereinafter “the provisional attachment of this case”), but the appellate court dismissed all appeals by the Defendants on Oct. 17, 2007, which became final and conclusive on November 14, 2007.

On August 27, 2010, the Defendants respectively filed a share transfer registration on the ground of the acquisition of the section for exclusive use on December 20, 2005 with respect to each of the above site rights (15.93/8947) of the instant real estate.

(e)in this case;

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