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(영문) 서울북부지방법원 2015.09.17 2015가합1288
소유권이전등기
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On June 24, 2013, the Plaintiff purchased each real estate listed in the separate sheet attached to the Defendant’s ownership (hereinafter “each of the instant real estate”) from the Defendant, and concluded a sales contract with the Plaintiff to acquire KRW 600,00,000 on the date of the contract by paying KRW 600,00 on the date of the contract (hereinafter “the first sales contract of this case”) the obligation related to each of the instant real estate, including KRW 4,218,646,428 (the seized public charge obligation and the wage obligation provisionally attached; KRW 766,852,763; KRW 363,793,65; KRW 363,793; KRW 68,00; KRW 2,48,000; KRW 600,00,000 as the secured obligation of the right to lease on a deposit basis.

B. Around 2013, the Plaintiff filed a lawsuit against the Defendant seeking the implementation of the procedures for the registration of ownership transfer of each of the instant real estate based on the instant sales contract.

The first instance court rejected the defendant's defense that the sales contract of this case was null and void as a false declaration of conspiracy, and recognized the defendant's simultaneous performance defense that the plaintiff cannot respond to the plaintiff's claim until the purchase price of KRW 600,000,000 was paid.

In relation to the simultaneous performance defense above, the plaintiff re-claimed that the amount of 600,000,000 won is offset against the defendant's claim for the return of security deposit against the defendant who acquired each real estate of this case from the person having a right to lease on a deposit basis, but the first instance court rejected the above re-claim on the ground that not only the due date for the above claim for the return of security deposit but also the aforementioned claim for the cancellation of security deposit is attached to the simultaneous performance defense such as the right

In addition to the judgment of the court of first instance, even if the plaintiff acquired 600,000,000 won from the defendant of the above person having chonsegwon, the appellate court is obligated to take over 600,000,000 won from the above person having chonsegwon pursuant to the sales contract of this case, since the plaintiff is obligated to take over 600,00,000 won from the above person having chonsegwon.

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