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(영문) 서울동부지방법원 2015.11.13 2015가합108077
청구이의
Text

1. Of the instant lawsuit, the Seoul Eastern District Court Decision 2010Gahap14047 Decided July 15, 201 against the Defendant’s Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting a housing reconstruction improvement project on the land outside Gangdong-gu Seoul Metropolitan Government and seven parcels.

The Defendant was the owner of Gangdong-gu Seoul Metropolitan Government 101-dong 1110 (hereinafter “instant 1 apartment”) and 203-dong 503 (hereinafter “instant 2 apartment”).

B. (1) On August 27, 2010, the Plaintiff exercised the right to demand sale against the Defendant in accordance with the Urban Improvement Act, and filed a lawsuit for ownership transfer registration and delivery.

(2) On July 15, 201, the Plaintiff was sentenced by the above court that “The Defendant received KRW 309,000,000 from the Plaintiff, while receiving KRW 286,00,000 from the Plaintiff, and received KRW 286,00,000 from the Plaintiff for the first apartment of this case, and at the same time taking the procedure for the registration of ownership transfer for the second apartment of this case as of August 13, 201, and delivery of each of the above real estate.”

The above judgment became final and conclusive on August 10, 201.

(hereinafter “2010 Gohap14047”) C.

(1) On October 31, 201, the Defendant deposited the documents for ownership transfer registration, and filed a lawsuit against the Plaintiff on October 31, 201 with the Seoul Eastern District Court (201Gau742148) claiming damages for delay from the purchase price delay in the decision of 2010Gahap14047.

On May 11, 2012, the above court dismissed the defendant's claim.

(2) On February 8, 2013, the appellate court (2012Na5546) rendered a judgment that “the Plaintiff shall pay to the Defendant 4,317,530 won, and 3,96,160 won and 286,00 won with 5% interest per annum from November 22, 2011 to the date of full payment, and 3,99,160 won and 286,000 won with 5% interest per annum from November 22, 2011 to the date of full payment.”

The judgment above became final and conclusive on July 11, 2013 by the Supreme Court (2013Da26289).

hereinafter referred to as “2012Na5546.”

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