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(영문) 서울남부지방법원 2012.10.30 2012가합2973
분양계약에 기한 소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant Cooperative, as a cooperative established to implement a DNA reconstruction and rearrangement project on the ground of Gangseo-gu Seoul Metropolitan Government, contracted the construction of new apartment units with the size of the first and seventh stories underground (hereinafter “F”) on the said land to the F Co., Ltd. (hereinafter “F”).

B. Plaintiff A: (a) the instant apartment purchase price of KRW 290 million (attached Form No. 1); (b) the Plaintiff B, the sale price of KRW 230 million (attached Table No. 2); and (c) the Plaintiff C, the sale price of KRW 280 million (attached Table No. 3); and (d) each sale contract form (hereinafter “each sale contract form of the instant apartment”) was prepared with the Defendant Cooperative on September 7, 2010, with the content that the Plaintiff C would purchase each apartment unit of KRW 706 (attached Table 3) of the instant apartment unit of KRW 280 million (hereinafter “each sale contract form of this case”).

C. Meanwhile, the instant apartment building 701 was sold to H on October 13, 201, following the commencement of the voluntary auction procedure to G with the Seoul Southern District Court G on October 13, 201, upon the application for voluntary auction by ELto Co., Ltd.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, 7, 9, 19, 20, and Eul evidence Nos. 4 and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion No. 701 of the apartment of this case, plaintiff Eul's 705 of the apartment of this case, plaintiff Eul's 706 of the apartment of this case, and plaintiff Eul's 706 of the apartment of this case from the defendant association, respectively. The buyers who purchased the apartment of this case on September 7, 2010, and the above three households which the plaintiffs purchased are part of the 14 households that F decided to manage and use the sales price under the execution contract with the defendant association. The plaintiffs paid in full the F.

However, the apartment of this case was sold to a third party after the commencement of voluntary auction procedure, and thus the defendant union is unable to perform its duty to register the transfer of ownership to the plaintiff A. Thus, the defendant union is the plaintiff A.

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