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(영문) 서울중앙지방법원 2019.05.15 2018가합5305
소유권이전등기 등 청구의 소
Text

1. The Defendant’s sales contract was based on the sales contract on December 31, 2013 with respect to the apartment units listed in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a stock company under the Commercial Act for the purpose of housing, commercial building construction, and real estate leasing and selling business, and the plaintiff is a person who purchased apartment units from the defendant as stated in the separate sheet (hereinafter "the apartment unit of this case").

B. On December 31, 2013, the Plaintiff entered into an apartment sale contract with the Defendant to purchase the instant apartment from the purchase price of KRW 571,70,000 (i.e., the purchase price of the apartment at KRW 554,00,00 (hereinafter “instant apartment sale contract”) and paid the sale price by June 17, 2016, but the Defendant did not transfer the ownership of the said apartment to the Plaintiff.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 9 (including each number in the case where there are provisional numbers), Eul evidence No. 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above basic facts, the Defendant is obligated to implement the registration procedure for ownership transfer on December 31, 2013 with respect to the instant apartment on the ground of the sale contract.

B. The Plaintiff’s assertion 1) The gist of the Plaintiff’s claim is as follows: (a) the Defendant’s failure to implement the procedure for the registration of ownership transfer on the instant apartment; (b) the Plaintiff’s delay damages equivalent to the statutory interest rate of commercial law on the sale price from June 18, 2016 to July 31, 2018, from June 18, 2016 to July 31, 2018; (c) 72,739,035 won (=(571,700,000 purchase price x 6% ± 365 days); (d) 774 days; and

[] In addition, damages equivalent to the management expenses paid by the Plaintiff totaling KRW 75,564,39,358 (=72,739,035 won 2,825,358 won) and damages for delay to the purchase price from August 23, 2018, which is the date of the lawsuit in this case, to the completion date of the procedure for the registration of transfer of ownership of the apartment in this case, the amount equivalent to delayed damages and future management expenses [the amount equivalent to 97,628 won per day [the amount equivalent to 571,70,000 won x 6% ± 365 days] (2,847,270 won ± 26 days ± 30 days).

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