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(영문) 대구지방법원 서부지원 2018.07.05 2017가합51024
소유권이전등기
Text

1. The part of the lawsuit filed by the independent party intervenor against the defendant shall be dismissed;

2. The plaintiff's claim and the plaintiff's claim.

Reasons

The main lawsuit and the lawsuit of independent party intervention shall be judged together.

1. Basic facts

A. The defendant is a Korean national residing in Japan and is the owner of each real estate indicated in the separate sheet indicating the attached real estate (hereinafter "each real estate of this case").

D and E are the representative director of F, and they are companies with the purpose of real estate development and conference business.

The plaintiff is a representative director of G, and is a company with the purpose of leasing and selling real estate.

H and I are in-house directors of corporation D and E from July 28, 2016, and H are also in-house directors of the plaintiff.

The intervenor, together with the plaintiff, tried to undertake the development project of the real estate of this case.

B. On March 9, 2016, the Defendant: (a) concluded a sales contract with D to sell each of the instant real estate at KRW 4.5 billion; (b) concluded an agreement with D to sell the down payment at KRW 450 million; (c) the intermediate payment of KRW 300 million on the date of the contract; and (d) the remainder of KRW 3.75 billion on May 30, 2016; and (e) concluded a sales contract to pay KRW 3.75 billion on September 29, 2016 (hereinafter “instant sales contract”); and (c) concluded an agreement to the effect that “the buyer may change the buyer’s name at the time of the remainder of payment (hereinafter “the agreement to change the buyer”).

D Co., Ltd. paid 450 million won of down payment to the Defendant on the day of the contract and the intermediate payment of 300 million won on May 30, 2016, according to the instant sales contract.

C. Around October 2016, H and I demanded that the Defendant pay the remainder pursuant to the instant sales contract to the Defendant and transfer ownership to F at the same time. The Defendant, as he/she is a Korean national residing abroad, requires more time to prepare for seal imprints, etc. necessary for the registration of transfer of ownership. The implementation of the instant sales contract was postponed.

On January 11, 2016, the provisional attachment related to a sales contract, J, K, L is the sales contract of this case held by E Co., Ltd. to the defendant.

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