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(영문) 서울중앙지방법원 2015.05.19 2014가합39607
부동산매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a regional housing association established to carry out the project of building houses in Dongjak-gu Seoul Metropolitan Government Seoul Metropolitan Government (hereinafter “instant project”), and the Plaintiff owned a building without permission on the ground part of Dongjak-gu Seoul Metropolitan Government D, E, and F (hereinafter “instant land”) located within the instant project area.

(Indication of Building) Sale and purchase of the right to possess a building without permission of the building (50.81 square meters) in Dongjak-gu Seoul Metropolitan Government, Seoul Metropolitan Government, and 168 square meters in land E 29 square meters;

1. The remainder of KRW 27,600,000,000,000,000 for the marked purchase price of real estate shall be paid at the time of the contract and received at the time of the contract and paid at February 28, 2003.

2. Details of the contract;

3.Special Terms and Conditions - Sales Contracts for Possessory Right to Unauthorized Buildings on this lot number - All land possession areas included - Conditions for unauthorized ownership transfer after the payment of down payment - The remainder may be paid even before the due date.

B. On December 12, 2002, the Plaintiff sold the right to possess the instant building at KRW 132,60,000 (hereinafter “instant sales contract”) to the Defendant (the Defendant changed from the G Regional Housing Association”) (hereinafter “G Regional Housing Association”).

The main contents thereof are as follows:

Article 1 (Purpose) In order to smoothly promote the instant project, the purpose of this Agreement is to delegate the specific duties of the Plaintiff to the Defendant, and to enable the Plaintiff to move into the apartment by accepting them in good faith.

Article 7 (Contributions to and Management of Members)

2. In order to facilitate the project, the Plaintiff shall pay the contributions in accordance with the schedule of the payment of contributions.

5. The members’ contribution payment schedule shall be 33 square meters (the total supply price: 252,00,000 won) (the unit price: 252,00,000 won) and the balance of the intermediate payment (land costs) and the intermediate payment (construction costs) shall be later notified on November 30, 303 at the time of the contract on the date of the second 4th 5th 5th 6th 7th 3th 03th 30.

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