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(영문) 서울중앙지방법원 2018.03.14 2016가합564893
매매대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 600,350,062 and KRW 600,000 among them, from April 15, 2017 to February 15, 2018.

Reasons

1. Basic facts

A. Defendant B-building housing association (hereinafter “Defendant Association”) is the implementer of the project that constructs D apartment on the 11st parcel of land outside Gwanak-gu in Seoul Special Metropolitan City, Seoul, and Defendant ELD Construction Co., Ltd. (hereinafter “Defendant Company”) is the commencement of the project that entered into a contract for the construction of the said project with the Defendant Association.

B. On May 16, 201, the Plaintiff purchased the said apartment units 101 Dong 601 (hereinafter “instant apartment units”) from the Defendant Cooperative as KRW 600,000,000, and the down payment of KRW 200,000 shall be paid at the time of a contract, and the intermediate payment of KRW 400,000,000 shall be paid on May 23, 201; the remainder of KRW 180,00,000 shall be paid on June 30, 201; however, the instant sales contract of this case is written as “ June 30, 2010” but is written as “the instant apartment units as of June 30, 201.”

The sales contract to be paid (hereinafter “instant sales contract”) was entered into. The instant sales contract states as the seller, the Plaintiff as the buyer, the Defendant Company as the joint guarantor, and the special terms and conditions that the buyer deposit the full amount of the purchase price to the contractor (the Defendant Company), and the amount not paid to the contractor is a condition that the contractor does not recognize as the purchase price.”

C. According to the instant sales contract, the Plaintiff paid each of the Defendant Company KRW 20,000,000 as down payment on May 16, 2011, and KRW 400,000 as intermediate payment on May 24, 2011, and KRW 180,000,000 as of July 1, 201.

On November 13, 2013, the registration of ownership preservation of the apartment of this case was completed in the future of the defendant cooperative on November 13, 2013, five compulsory auction decisions, including Seoul Central District Court E, etc., and eight provisional seizure decisions were made. From the auction procedure (hereinafter “instant auction”) to F on February 17, 2017, the registration of ownership transfer was completed due to the compulsory auction as of February 14, 2017.

E. The person having the right to demand a distribution on April 14, 2017, which is the date of distribution of the instant auction.

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