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(영문) 서울남부지방법원 2017.11.07 2016가단262677
소유권이전등기
Text

1. The defendant made a sale on February 2, 1991 with respect to the share of 1782/1980 among the real estate listed in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On August 15, 1980, the Defendant contracted with the Guro-gu Seoul Metropolitan Government Housing Reconstruction Promotion Committee for construction work on the apartment house of 24 households scheduled to be newly built on the ground of Seoul Guro-gu (hereinafter “instant construction work”).

B. On February 2, 1991, the Plaintiff purchased the said apartment house underground 3 (hereinafter “instant real estate”), which is real estate listed in the separate sheet from the Defendant, with the purchase price of KRW 75 million and the scheduled occupancy date of May 1991, the Plaintiff agreed to pay the down payment of KRW 20 million on the date of the contract, the intermediate payment of KRW 15 million on February 12, 1991, and the remainder of KRW 40 million on March 10, 1991.

C. On February 2, 1991, the Plaintiff paid to the Defendant the sum of KRW 20 million in down payment, KRW 15 million in intermediate payment on February 11, 1991, and KRW 55 million in the remainder on March 9, 1991.

On the other hand, on January 17, 1992, the defendant's representative E made and delivered to the plaintiff on March 10, 1992, a letter containing the purport of transferring ownership of the real estate of this case (hereinafter "written statement of this case") in which the plaintiff is liable for the delay of the construction of this case and the total amount of KRW 90 million, including KRW 5 million and KRW 35 million, which was paid by March 10, 1992.

E. Defendant and E failed to pay the Plaintiff KRW 90 million by March 10, 1992, and E drafted and issued a receipt for the remainder of KRW 20 million to the Plaintiff (hereinafter “instant balance”) on July 28, 1992.

F. Meanwhile, on August 26, 2015, the Defendant completed the registration of ownership transfer based on payment in kind on August 15, 1990 with respect to shares 1782/1980 among the instant real estate (hereinafter “instant shares”).

[Ground of recognition] Facts without dispute, Gap 1 through 4 (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is the plaintiff of this case.

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