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(영문) 서울중앙지방법원 2018.08.23 2017가합39691
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The following facts shall not be disputed between the parties, or may be recognized by considering the whole purport of the pleadings in each entry in Gap evidence 1 to 3 and Eul evidence 1 (including each number, if any), respectively:

Around July 2012, as a result of the implementation of the C Apartment Reconstruction Association’s reconstruction project, D Apartment E was removed in Gangnam-gu Seoul, Seoul, which owned by the Plaintiff. At the time of removal, the registration of creation of a neighboring mortgage in the name of F Co., Ltd. (hereinafter “F”) with the maximum debt amount of KRW 461,500,000,000, and the establishment of a neighboring mortgage in the name of G Co., Ltd. (hereinafter “G”).

The Plaintiff allocated apartment Hho Lake (hereinafter referred to as “the apartment of this case”) to be newly constructed from the C Apartment Reconstruction Association, and delegated I on September 19, 2014 the authority to conclude a sales contract on the right to purchase and sell the apartment of this case, receive the sales price, change the name of the association members, etc.

On September 30, 2014, I entered into a sales contract on behalf of the Plaintiff with the Defendant (hereinafter “instant sales contract”) to sell the number of the instant apartment units at KRW 1140,000,000 on behalf of the Plaintiff, and the main contents thereof are as follows:

With respect to the sale of real estate under Article 1 of the Terms and Conditions of the Contract, the buyer shall pay the purchase price as follows:

On October 7, 2014, the remainder of KRW 690 million on October 24, 2014, when entering into a contract of KRW 1.140 million for the purchase price of KRW 50 million for the intermediate payment of KRW 1.20 million for the intermediate payment of KRW 50 million, the remainder of KRW 200 million on October 7, 2014, is under reconstruction construction as of October 24, 2014, and the additional contributions (members’ contributions) allocated under J Apartment (tentative name) H in the former C Apartment E is KRW 163,091,940 for the remainder payment of KRW 163,00,000,000 for the remainder payment of KRW 50,000,000,000,000 for the remainder payment of KRW

A seller is in a unpaid state, but its normal interest and overdue interest are based on the balance date.

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