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(영문) 서울남부지방법원 2013.11.14 2011가합20271
원인무효로 인한 근저당권말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. In the case of suspension of enforcement by this Court 201khob 2073

Reasons

1. Basic facts

A. Contract of construction between C&D and D Co., Ltd. 1) C&D partnership (hereinafter “non-party partnership”)

A) The Gangseo-gu Seoul Metropolitan Government Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Do Government Act”) shall apply to the implementation of a reconstruction project on the land of Gangseo-gu and 6 lots.

(2) On April 28, 2008, the non-party association entered into a construction contract in the so-called “the construction contract in the instant case” (hereinafter referred to as the “construction contract”) with D Co., Ltd. (hereinafter referred to as D) on April 28, 2008, stating that “The non-party association and D, as a joint project proprietor of the reconstruction project, provide the non-party association with the land owned by the non-party association E and six parcels of land, and the non-party association is supplied with the non-party association with the 22 household newly constructed in return for the supply of the non-party association (hereinafter referred to as “the apartment in this case”). D shall supply the non-party association with the 22 household units of the newly constructed apartment by inserting the necessary project expenses provided by the non-party association and constructing the building facilities.

B. On June 1, 2009, the Plaintiff entered into a sales contract between the Plaintiff and the Nonparty Association and D with respect to 506 out of the apartment of this case as to June 1, 2009, the sales price of KRW 290 million is KRW 20 million, and the down payment of KRW 20 million is KRW 35 million on the date of the contract, the first intermediate payment of KRW 35 million on June 3, 2009, and the second intermediate payment of KRW 100 million on June 5, 2009, and the remainder of KRW 135 million on the scheduled date of occupancy (hereinafter “instant sales contract”).

(2) According to Article 1(1) of the sales contract concluded between the Plaintiff and the non-party partnership and D, the buyer must pay the sales price to the non-party partnership and the bank account designated by D within the designated date. However, although Article 1(4) of the sales contract was written, there was no entry of the account in the place for payment.

(c).

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