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(영문) 서울북부지방법원 2015.07.01 2014가합22608
분양대금 등
Text

1. The Plaintiff:

A. Defendant B is the purpose of site ownership of the part of the ownership of the first real estate as indicated in the attached list from the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a market reconstruction project partnership established under the Act on Special Measures for the Structural Improvement of Small and Medium Enterprises and Vitalization of Traditional Markets to implement a market reconstruction improvement project in Seongbuk-gu Seoul in Seongbuk-gu Seoul, and the Defendants are the Plaintiff’s members, and Defendant B is the owners of 2.1/615 shares of the attached list 2 and 3 real estate in the said project implementation district (hereinafter “each co-ownership shares”).

B. On March 24, 2005, the Defendants agreed to enter into a contract with the Plaintiff to purchase the second floor 204 of H building in Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant shopping district”) to be newly constructed as a result of the implementation of the said improvement project at KRW 567,354,800 (hereinafter “instant sales contract”), and agreed to pay the sales price as specified in the following table, but the Defendants did not pay the down payment and the first to the fourth intermediate payment at KRW 283,67,400 in total, and did not pay the fifth, sixth, seventh intermediate payments and the remainder.

The remainder of the intermediate payment of the intermediate payment of the divided down payment shall be made on May 2, 2005 at the time of the contract as of the date of the second, fourth, fifth, sixth, sixth, seventh payment of the intermediate payment of down payment of down payment of May 22, 2005.

C. On September 12, 2008, the registration of ownership preservation was completed in the name of the Defendants on the entire part of the shopping mall of this case (each share owned by 1/4), and around that time, the Defendants transferred it from the Plaintiff, but the registration of the land which is the object of the right to the site and the registration of the right to the site of the entire part was not yet completed.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, 8, 10, Gap evidence No. 3-1, 2, Eul evidence Nos. 1, 3, 4, and the purport of the whole pleadings

2. Determination

A. Claim against the Defendants for the remaining sale price of the commercial building of this case 1.

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