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(영문) 서울남부지방법원 2014.01.22 2011가단93654
채무부존재확인 등
Text

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

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

Reasons

1. Basic facts

A. Defendant C sold the special right to sell the apartment of 33 square meters in Songpa-gu Seoul Metropolitan Government (hereinafter “instant right to sell the apartment of 33 square meters”) supplied by the Rules on Special Supply of National Housing to the removed residents, etc., under the name of E (the wife of Defendant B, who is the Dong of Defendant C), and sold the said right to sell the purchase price of 95 million won to F around April 18, 2003.

The sales contract prepared at the time of the conclusion of the above sales contract (hereinafter referred to as the “sales contract of this case”) is written by the seller E, the buyer is written as F, and the Defendant C’s house number and mobile phone number are written as contact information.

B. On July 10, 2004, upon the death of E on July 10, 2004, the Jongno-gu Administrator notified the SH on July 25, 2006 of the change of name due to the death or inheritance of a person eligible for the special supply of national housing, and on October 9, 2008, the SH Corporation entered into a housing sale contract with the Defendant B, G, and apartment complex 0304,0702 constructed in the said D-3 complex.

C. On the other hand, the sales right of this case was transferred to I through H, the plaintiff's birth, and the plaintiff led the sales right of this case.

On October 17, 2007, the Plaintiff issued a certificate of contents demanding the Defendant C to transfer the name when the same amount of apartment house of the said DD3 complex was determined, and thereafter, found the house of Defendant C.

On the other hand, each payment deadline for the purchase price of the apartment of this case is 72,47,00 won of the down payment, January 31, 2008, and 72,477,00 won of the first intermediate payment, January 31, 2008, and 72,47,00 won of the second intermediate payment, March 31, 2008, and 64,954,00 won of the remainder, September 26, 2008.

I paid down payment of KRW 72,477,00 and late payment of KRW 7,013,390 on October 9, 2008 in the name of Defendant B and G, and KRW 20,462,342 on March 15, 2010, the late payment of KRW 18,794,378 on the second intermediate payment, and late payment of KRW 12,383,970 on the remainder.

E. As above, the above.

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