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(영문) 서울동부지방법원 2020.12.09 2019나29381
소유권이전등기
Text

The part concerning the principal lawsuit in the judgment of the first instance is modified as follows. A.

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On February 16, 2016, the Plaintiff purchased each land listed in the separate sheet (hereinafter “each of the instant land”) from C Co., Ltd. (hereinafter “C”) and D (hereinafter “D”) for KRW 884,00,000 from the purchase price, and completed the registration of ownership transfer in the name of the Plaintiff on April 26, 2016.

The defendant is a corporation established by E, F, etc. for the purpose of real estate development business, etc. on May 24, 2017.

On April 28, 2017, at the time of the establishment of the Defendant, the Plaintiff: (a) sold each of the instant land with E, a de facto founder and operator of the Defendant at KRW 710,00,000; (b) sold intermediate payment of KRW 460,00,000, in lieu of the buyer’s payment by the method of acquiring the obligation of collateral security deposits established on each of the instant land until May 19, 2017; and (c) concluded a sales contract with the intent to receive the remainder of KRW 200,00,000 from September 19, 2017 (hereinafter “the first sales contract”).

E paid 10,000,000 won for the down payment according to the first sales contract to the Plaintiff on April 28, 2017, and F paid 40,000,000 won to the Plaintiff on May 16, 2017.

On July 4, 2017, the Plaintiff and the Defendant established the following: (a) sold the land specified in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) to the Defendant at KRW 320,000,000; (b) however, the Plaintiff concluded a sales contract with the Defendant to take over the debt of the maximum debt amounting to KRW 144,00,000,000 on the land of this case, and deduct the said debt from the purchase price (hereinafter “instant sales contract”).

Since then, the Plaintiff did not receive an intermediate payment and any balance from the Defendant, and registered the transfer of ownership with respect to the land of this case as Cheongju District Court No. 14247 received on July 13, 2017 pursuant to the instant sales contract.

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