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(영문) 서울서부지방법원 2017.06.13 2016가단251225
소유권이전등기
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall share 42.54/13 of 1354 square meters among 13,543 square meters in Mapo-gu Seoul, Mapo-gu Seoul.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On October 25, 2002, the Defendant Cooperative was a regional housing association that obtained authorization for establishment to build apartment units in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government D, and constructed 29 apartment units with the approval of the project plan as the joint project proprietor and the Gyeongnam-gu Co., Ltd. (hereinafter “Seoul-gu Co., Ltd.”) which is a contractor and the joint project proprietor.

B. On April 29, 2009, the Plaintiff entered into a contract with the Defendant Association (the head of the partnership at the time) to purchase real estate listed in the attached list (hereinafter “instant apartment”) among the above apartment units in the amount of KRW 483,316,50 (hereinafter “instant contract”), and paid E the sum of the down payment and the intermediate payment to E on the same day.

On July 6, 2009, the Defendant Union issued to the Plaintiff a certificate of confirmation of the winning prizes of 105 Dong/Dong 1001, and prepared and delivered the supply contract of the instant apartment to the Plaintiff on this day.

(This contract only contains the seal of the plaintiff and the defendant association, and there is no seal of the Gyeong-nam company, and the sale price is stated that it should be deposited into the national bank account in the name of the contractor.)

After that, on September 23, 2009, the Plaintiff paid a balance of KRW 185,316,500 to the Defendant Cooperative, and on September 30, 2009, the Defendant Cooperative issued to the Plaintiff a certificate of occupancy, with the certificate of full payment of the sale price and the seal of the Si Construction affixed thereon, and the Plaintiff occupied the apartment of this case.

However, as of October 9, 2009, the president of the defendant partnership changed as of October 9, 2009 investigated the details of the payment of the sale price to all the buyers including the plaintiff, and filed a criminal complaint against all the presidents including E, etc. on January 25, 2010, E, etc. was issued a summary order of a fine of KRW 3 million due to the voluntary selling of multi-family housing to the plaintiff et al. by unlawful means (violation of the Housing Act).

(Court 2009 High Court 23850). e.

After February 26, 2010, the Defendant Union made registration of preservation of ownership on the apartment of this case.

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