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(영문) 서울중앙지방법원 2020.06.17 2020나2877
소유권이전등기
Text

1. The judgment of the court of first instance is modified as follows.

The defendant is paid KRW 439,820,000 from the plaintiff.

Reasons

1. Basic facts

A. 1) Regional Housing Association B (hereinafter “instant association”)

) The Dongjak-gu Seoul Metropolitan Government E Group (hereinafter referred to as the “instant project site”).

2) The project of constructing multi-family housing (hereinafter “instant project”)

In order to promote the project, the regional housing association is the district housing association that obtained authorization to establish the association from the head of Dongjak-gu, Seoul on November 26, 2008. The association of this case consists of four types of association members following the establishment of the association. The association of this case is a sole association member who provides a apartment house owned in the project site of this case and independently joins the association: a single house site owned in the project site of this case; and a single association member who provided a single house site and joined the association at the beginning of the project of this case: a single association member and a general association member who joined the association: a new apartment at the determined amount;

B. 1) The Plaintiff’s father G is the Plaintiff’s husband who entered into a sales contract on December 8, 2006, with respect to P Co., Ltd., a company executing the instant project on December 8, 2006, and the instant union, 79 square meters of Seoul H land and buildings owned by the Plaintiff at the time of the instant union, with the blank space column for “sale price” (hereinafter “instant sales contract”).

A) The instant sales contract was concluded. The instant sales contract provides that “The Plaintiff shall exchange apartment units with 32 square meters, and shall purchase the remainder of 7 square meters in lots to the Mutual Association members for the remainder of 7 square meters” (hereinafter “instant special agreement”).

G entered into a contract for the sale of apartment units to be newly constructed between P Co., Ltd. and Q Co., Ltd. on the same day. Meanwhile, on the other hand, on December 12, 2007, the Plaintiff completed the registration of ownership transfer on the above land due to donation and succeeded to the status as a sole member of G. 2) On January 10, 2008, the Plaintiff entrusted the instant land to the I Co., Ltd. on January 8, 2008.

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