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(영문) 서울동부지방법원 2021.01.08 2019가단159908
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 108,063,00 and KRW 78,063,00 among them, from December 30, 2009 to 30,000.

Reasons

1. Basic facts

A. D was entitled to move to the Seoul Songpa-gu Seoul Metropolitan Government FF as the merchant of the commercial building located in Seoul E, i.e., the right to move to the commercial building. On February 16, 2007, the sales contract was concluded between Defendant B and the above Defendant for selling the right to move to the commercial building (hereinafter “D occupancy right”) to the above Defendant 43 million won.

However, Defendant B prepared a sales contract with the name of the purchaser in the name of the Defendant C, the wife of the buyer.

B. In the above sales contract, where the seller fails to register the transfer of ownership to the buyer, etc., the seller shall pay to the buyer the amount calculated by deducting the proceeds from the loan received under the name of the seller from the amount calculated by adding 30 million won to the market price of the commercial building subject to the seller (hereinafter “the contract for penalty”).

Meanwhile, Defendant B also had the right to move into the Seoul Songpa-gu Seoul F commercial building located in Seoul E, but on February 1, 2007, entered into a contract with Defendant B to sell the above right to move into the commercial building (hereinafter “Defendant B’s right to move into the commercial building”) between Defendant B and G for KRW 60 million.

(d)

On October 2008, there was a room drawing for the F commercial building occupancy right, but D occupancy right was allocated to H H (294,752,000 won in parcelling-out price) and Defendant B occupancy right was first allocated to H (5,934,000 won in parcelling-out price) and changed to J (25,086,00 won in parcelling-out price).

E. On August 31, 2009, Defendant B completed on June 2, 2009 registration of ownership transfer on the F Building J on the ground of sale and purchase.

On the other hand, on October 30, 2009, as to F building H, ownership became extinct in the future on October 30, 2009, and ownership became extinct in the G on December 30, 2009.

F. On March 2010, Defendant B sent to the Plaintiff a document proving that he would pay the remainder of F building J and transfer ownership.

【Ground of recognition】

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