2017Gahap23383 Registration of transfer of ownership

A Housing Association

B

February 8, 2018

February 22, 2018

1. On June 30, 2015, the Defendant shall implement the procedure for the registration of ownership transfer on the real estate listed in the attached Table 1 list to the Plaintiff.

2. The defendant shall pay to the plaintiff 10 million won with 15% interest per annum from December 3, 2017 to the day of complete payment.

3. The costs of lawsuit shall be borne by the defendant.

4. Paragraph 2 can be provisionally executed.

The same shall apply to the order.

1. Indication of claim;

Attached Form 2 is as shown in the cause of the claim.

2. Applicable legal provisions;

Article 208(3)3 of the Civil Procedure Act (Decision by Public Notice)

The presiding judge shall appoint a judge;

Judges Kim Jae-jin

Judges Noh Jeong-sik

List

A person shall be appointed.

Grounds of Claim

1. Payment of the price for relations not related to the parties and real estate plaques;

A. The Plaintiff is a cooperative established for the purpose of housing construction and new construction and sale of housing. The Plaintiff is a regional housing association of the Jung-gu District Housing Association in Ulsan-gu, Seoul District Housing Association, and the Defendant is the Defendant of Ulsan-gu and the buildings other than the above ground (hereinafter referred to as the “instant real estate”) owner’s honor (see, e.g., a certificate of 1 to 2 registered matters from among subparagraph 1).

B. On August 30, 2014, the Plaintiff prepared a written consent to the sale and purchase of real estate (referring to the written consent to the sale and purchase of real estate in subparagraph 2) with the amount of KRW 900,000 on August 30, 2014 with respect to the instant real estate by the Defendant and the Defendant. Since then, the Plaintiff paid KRW 900,000 to the Defendant on June 30, 2015, and additionally paid KRW 100,000 to the Defendant on February 2, 2016 (see subparagraph 3).

2. As to the real estate sales contract with the former president and the defendant

가. 원고 조합의 전 조합장인 소외 E은 특정경졔범죄가중처벌등에관한법률위반(횡령) 등으로 인하여 구속이 되어 4년의 실험을 선고 받았습니다(갑 제4호중 판결문 참조.). 위 E은 원고 조합의 조합장으로 재직할 당시 이 사건 부동산에 관하여 피고와 허위의 매매계약서를 작성하였는 바, 아래에서는 이에 대하여 설명드리도록 하겠습니다.

B. On August 30, 2014, the original real estate of this case was prepared by the Plaintiff Union, while engaging in the work of purchasing the land through F1, and prepared a written consent to trade with the Defendant and the instant real estate as KRW 900 million.

C. After the written consent for the above sale and purchase (sales contract) was drawn up, Nonparty E took the head of the Plaintiff’s association around July 2015 and took charge of the affairs of keeping and managing the shares of 286 members through the management trust for G.

D. At the time when Nonparty E was appointed as the head of the Plaintiff’s association and was in charge of the affairs of the president of the association, E’s relatives or H promised to contact the Defendant among the land owners, who were in charge of the purchase of the land by H, to pay an additional amount of KRW 100,000,000,000,000, which is the original purchase price, to the Defendant, and to pay an additional amount of KRW 90,000,000.

E. After all, Nonparty E, the president of the Plaintiff Union, in collusion with the Defendant.

Around June 26, 2015, the sale price of the instant real estate was KRW 1.8 billion, and the false land sales contract (see, e.g., the real estate sales contract in subparagraph 5, hereinafter referred to as the “instant contract”). The above E requested G to pay the down payment amount of KRW 900 million based on the said contract to the Defendant who was in charge of the cooperative contributions. G paid the down payment amount of KRW 900 million to the Defendant around June 30, 2015.

F. The Defendant re-assigned the above amount of KRW 900 million to E, and it is known that E was used for personal purposes for the amount of KRW 600 million received from the Defendant.

G. In addition, as above, the Defendant was additionally paid KRW 100 million from G around February 2, 2016 in return for formulating a false sales contract with the non-party E (at the time that the above E is the head of the association, he requested that G pay KRW 100 million for the purchase price).

H. As above, in collusion with the Defendant, E prepares a false sales contract in a manner that sells the instant real estate, and the Defendant, who actively participated, received KRW 100 million in return for the payment.

3. The instant contract is null and void.

A. As described above, the Defendant actively participated in the tort of embezzlement of the E members’ contributions in collusion with Nonparty E by preparing a false sales contract.

B. If so, the sales contract of this case is null and void in accordance with Article 108 (Written Expression of Intention in Dance) of the Civil Act (i.e., a false declaration of intent in a corner with the other party shall be null and void), and even if it is based on Article 103 (Non-Public Juristic Act) of the Civil Act and other matters which violate good morals and social order, it shall be null and void.

C. However, the plaintiff's letter of intention (No. 2) written prior to the above sales contract is a valid sales contract.

4. The defendant's obligation to implement the procedure for ownership transfer registration;

In accordance with the written consent to the instant purchase and sale (No. 2), the Defendant received a total of KRW 900 million from the Plaintiff on June 30, 2015, and thus, the ownership transfer motors for the instant real estate are deemed to have been delivered to the Plaintiff.

5. Regarding return of unjust enrichment

As mentioned above, since the sales contract of this case is null and void, the defendant acquired gold KRW 100 million without any legal ground. Thus, the defendant is obligated to return the above gold KRW 100 million to the plaintiff.

6. Conclusion;

Therefore, the plaintiff's claim of this case is reasonable, and therefore, the plaintiff's claim of this case is accepted and the main time is reached.

1) The F Co., Ltd. is a company run by H, E, E, E, of the cattle.

2) Upon examining the details of the "written consent to trade" or the above written consent to trade, it can be known that the above written consent to trade is a sales contract.