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(영문) 울산지방법원 2018. 1. 10. 선고 2017가단67416 판결
소유권이전등기
Cases

2017da67416 Registration of transfer of ownership

Plaintiff

A Regional Housing Association

Defendant

B

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

January 10, 2018

Text

1. At the same time, the Defendant receives KRW 250,700,000 from the Plaintiff, and simultaneously executes the procedure for the registration of ownership transfer for the real estate listed in the separate sheet to the Plaintiff on August 30, 2015.

2. The costs of lawsuit shall be borne by each person;

Purport of claim

The same shall apply to the order.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

Judges

Judges Seo Young-young

Site of separate sheet

Cheongwon of the Gu

1. Family relationship;

The plaintiff is the Housing Act for multi-family housing business in Ulsan-gu C and 224 parcels.

A regional housing association authorized to establish a housing association pursuant to the regulations, and the defendant is the owner of the real estate indicated in the attached Form belonging to the site of the above apartment house company.

2. The establishment and circumstances of the sales contract;

A. On February 8, 2015, the Plaintiff: (a) promoted a regional housing association promotion committee, recruited members, and applied for authorization to establish an association in the name of the Ulsan Metropolitan City office, the authorization authority for the establishment of a regional housing association on November 15 of the same year, holding an inaugural general meeting of members; and (b) obtained authorization for establishment in the name of the regional housing association on April 8, 2016.

B. The Defendant: (a) on August 30, 2015, with respect to the real estate indicated in the attached Form, the Plaintiff

D A sales contract was concluded with the Committee for Promotion of Regional Housing Association as follows:

1. Sales price: 278,500,000 won for down payment and time of payment: 27,80,000 won for the remainder and time of payment until August 30, 2015: 250,700,000 won for the transfer of ownership: Before the receipt of the balance of the sales price and the transfer of ownership within three months from the approval of the business: Before the receipt of the project, the pet shall deliver all documents necessary for the registration of the transfer of ownership to the purchaser and implement the registration procedure;

C. On August 30, 2015, the Plaintiff paid the Defendant the down payment of KRW 27,800,000 according to the above sales contract.

D. The plaintiff almost ends a sales contract with the deemed owner, and is preparing for the registration of ownership transfer at the same time to pay the balance for the application for business, and the defendant is refusing to implement the sales contract.

3. Plaintiff’s right to claim the transfer of ownership nests through the simultaneous performance relationship;

Therefore, the plaintiff has the right to seek the implementation of the procedure for ownership transfer registration at the same time as he/she receives any balance based on the above sales contract.

4. Conclusion

Accordingly, the plaintiff has the honor to seek this case's judgment like the above purport of the claim.

Indication of Real Estate

1. Ulsan Nam-gu District: 132 square meters;

2. Ground above;

Bok savea and sabrote 19 square Mabbebbes, lasts

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