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(영문) 서울남부지방법원 2017.06.22 2016가합112038
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

The primary fact is that the Plaintiff and the Defendant Samwon Construction Co., Ltd. (hereinafter referred to as “Defendant Samwon Construction”) are companies with the main purpose of housing construction business and sales supply business.

Defendant A is the owner of each real estate listed in the separate sheet No. 1 (hereinafter referred to as “instant real estate”) and Defendant B is the owner of each real estate listed in the separate sheet No. 2 (hereinafter referred to as “instant real estate No. 2”).

The Defendant A purchased the instant real estate at KRW 1.39,392,00,00 from March 14, 201, in the course of carrying out the business of constructing and selling a building on the land of Guro-gu Seoul Metropolitan Government, including the instant real estate No. 1 (hereinafter referred to as “instant Cdong business”).

on March 6, 2011, he purchased the instant 2 real estate from Defendant B in the amount of KRW 2.16 million.

On May 17, 2012, the Plaintiff acquired the status of the contractor and the Plaintiff prepared a sales contract between the Plaintiff and the Defendant A and B, and the Plaintiff agreed to transfer the status of the contractor for the sales contract with the Defendant A and B, etc. from she was aware of for the promotion of the instant business.

On January 13, 2015, the Plaintiff concluded a sales contract again to purchase each of the instant real estate of KRW 1150,000,000,000 and KRW 1.7 billion on November 27, 2014 (hereinafter “each of the instant first sales contracts between the Plaintiff and Defendant A and the instant real estate”). The Plaintiff concluded a down payment and intermediate payment (for Defendant A, KRW 225,00,000, KRW 200,000) (for Defendant B, KRW 20,000) in lieu of the amount paid to Defendant A and B.

The main contents of the above sales contract are as follows:

Article 3 (Methods of Paying Price for Sale) With respect to the sale of the above real estate, “B” shall be paid to “A (Defendant A and B)” in the following manner:

The actual contents of the special agreement shall be the building permit of the business site.

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