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(영문) 서울남부지방법원 2015.01.20 2014가단215417
약정에 기한 소유권이전등기청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) the Plaintiff and the Defendant did not dispute each other; (b) the entry of the evidence Nos. 1 and 5; and (c) the overall purport of the pleadings on each video of No. 2-1 through No. 7.

The Plaintiff’s acquisition of ownership in four buildings among the seven underground shopping districts consisting of the building 1) Guro-gu Seoul Metropolitan Government Da 1st floor D (hereinafter “instant underground shopping district”)

) Each real estate indicated in the separate sheet (No. 101, No. 107, and No. 107) is the “each of the instant buildings” as indicated in the separate sheet.

(2) On April 26, 2011, the Plaintiff acquired the ownership of the instant aggregate building Nos. 103 through 106 (hereinafter “Plaintiff-owned building”) on the ground of sale by voluntary auction.

B. On January 14, 2013, the Plaintiff and the Defendant entered into a sales contract for the entire (seven buildings) of the instant underground shopping districts (seven buildings) with the Plaintiff and the Defendant entered into a document (Evidence A5) stating “Real Estate sales contract” (Evidence A) on January 14, 2013, with the Plaintiff’s building owned by the Plaintiff and the Plaintiff agreed to sell the entire instant underground shopping districts, including the instant building owned by Nonparty 102 and the instant underground shopping districts owned by Nonparty 102, which were owned by Nonparty Doese Trust Co., Ltd., with the Plaintiff’s building owned by Nonparty 1 and Nonparty 100 million won

(2) In concluding the instant sales contract, the Plaintiff and the Defendant concluded the instant sales contract. ① Determination of down payment as KRW 40 million and KRW 20 million as the down payment for each of the instant buildings owned by the Plaintiff, and the remainder KRW 20 million as the down payment for each of the instant buildings shall be paid on each contract date as the down payment for each of the instant buildings. The down payment for each of the instant buildings is to be received by the Plaintiff on behalf of the Plaintiff, and ② the Plaintiff’s responsibility is to enable the Defendant to purchase each of the instant buildings.

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