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(영문) 서울서부지방법원 2019.05.16 2018가합39938
입주권 명의변경절차이행 등 청구의 소
Text

1. At the same time, the defendant receives KRW 237,153,491 from the plaintiffs, and at the same time one-half shares are paid to the plaintiffs, respectively.

Reasons

1. Facts of recognition;

A. On May 23, 2018, the Defendant, as the owner of the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant land”) and the members of the D Housing Redevelopment and Improvement Project Association, concluded a sales contract to purchase the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant apartment”) newly constructed by the said Union at KRW 88,156,509 (the purchase price of the instant apartment - KRW 379,40,000 - the sale price of the instant apartment - KRW 291,243,491) (hereinafter “instant sales contract”).

B. On August 1, 2018, the Plaintiffs drafted a sales contract (hereinafter “instant sales contract”) with the Defendant to purchase KRW 619,400,00 (per one-half of the Plaintiff’s shares) the instant land and apartment buildings (hereinafter “instant sales contract”) and formulated a sales contract (hereinafter “instant sales contract”).

The main contents of the contract are as follows:

The balance of the purchase price of KRW 619,400,000 (payment at the time of a contract) intermediate of KRW 80,000,000 (payment on September 7, 2018) (payment on September 7, 2018) plus KRW 49,400,000 (payment on September 19, 2018).The special agreement subject to the special agreement shall be paid after deducting the amount to be deducted, such as moving expenses, intermediate payments, balance, 15,00,000 from the trade balance.

The buyer shall receive the succeeded amount of KRW 291,243,491,240,000 as the moving expenses of KRW 201,10,000,000.

The relocation expenses shall be increased or decreased when there is a difference in the amount.

- The seller and the buyer shall actively cooperate when changing the name.

C. The Plaintiffs paid the sum of KRW 120 million in accordance with the instant sales contract.

On the other hand, as of October 19, 2018, the remainder of KRW 201,10,000 that the Defendant borrowed with the moving expenses as of October 19, 2018, is KRW 172,30,000. The remainder of the intermediate payment to be paid pursuant to the instant sales contract is KRW 26,430,00 for the intermediate payment, and KRW 48,516,509 for the remainder, and the remainder is KRW 15,00,000 for the borrowed money owed to the Association.

On October 19, 2018, the Plaintiff, according to the terms and conditions of the instant sales contract, is obligated to move to the Defendant from the balance of KRW 499,400,000.

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