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(영문) 광주지방법원 2019.07.17 2018가단29608
매매대금
Text

1. The defendant shall pay to the plaintiff (appointed party) A KRW 54,00,000, KRW 580,000 to the appointed party C, and KRW 57,420,00 to the appointed party D.

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff (Appointed Party; hereinafter referred to as the “Plaintiff”) against the Plaintiff (hereinafter collectively referred to as the “Plaintiff”), A, Selected Party C, and D (hereinafter referred to as the “Plaintiff”) for the registration of establishment of an association for the housing reconstruction project of B apartment units in the area of 6,873 square meters in Gwangju North-gu E-gu, Gwangju, North-gu, Seoul, against the Plaintiff (hereinafter referred to as “Plaintiff”).

B. On October 25, 2018, this Court rendered a final and conclusive judgment against the Plaintiff that “The Defendant shall receive KRW 54,000,000 from the Plaintiff, and at the same time, shall implement the procedures for the registration of ownership transfer for the purchase and sale of the real estate listed in the separate sheet to the Plaintiff on November 2, 2017, and shall deliver the real estate listed in the separate sheet to the Plaintiff.” On November 8, 2018, the appointed parties C and D shall receive KRW 57,420,00 from the Plaintiff, while receiving KRW 580,00 from the Plaintiff, Defendant C shall receive KRW 580,000 from the Plaintiff, and upon receiving KRW 1/100 of the real estate listed in the separate sheet to the Plaintiff on October 10, 2018, the above judgment became final and conclusive.”

(hereinafter “instant judgment”). C.

On December 18, 2018, the Plaintiffs sent to the Defendant a certificate of content that all the documents necessary for the procedures for the registration of ownership transfer under the above judgment were kept in the office of a certified judicial scrivener F. On December 19, 2018, the said certificate was served on the Defendant on December 19, 2018.

On the other hand, the plaintiffs transferred all the real estate stipulated in the above judgment.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 2, purport of the whole pleadings

2. The defendant's defense prior to the merits is alleged to the effect that the plaintiffs will only execute the defense in accordance with the judgment of this case, and thus, it should be dismissed. However, the existence and amount of the opposing claim in relation to the simultaneous performance, etc.

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