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(영문) 수원지방법원 안양지원 2018.12.20 2018가합100187
조합원명의변경절차이행
Text

1. The Defendant received KRW 366,00,000 from the Plaintiff at the same time, and was sold by the Plaintiff on May 31, 2017.

Reasons

1. Facts of recognition;

A. On May 31, 2017, the Plaintiff entered into a sales contract with the Defendant to purchase the right to move in an apartment reconstruction (hereinafter “instant reconstruction apartment”) for reconstruction (hereinafter “instant reconstruction apartment”). The main contents are as follows.

Article 1 (Purpose) In the sale of the above real estate, the plaintiff and the defendant shall pay the purchase price by agreement as follows:

The purchase price of KRW 1,180,000 for down payment of KRW 118,00,000 shall be paid and received at the time of the contract. The intermediate payment of KRW 258,00,000 shall be paid on June 30, 2017 and the balance of KRW 804,00,000 shall be paid on August 14, 2017.

Article 2 (Transfer, etc. of Ownership) The defendant shall, at the same time as the receipt of the balance of the purchase price, deliver all documents necessary for the registration of transfer of ownership to the purchaser and cooperate with the registration procedures, and the delivery date of the said real estate shall be August 14,

[Matters of Special Agreement]

1. The subject matter shall be filed for the re-registration of the trust after the completion of the relocation due to the housing reconstruction project, and the registration of the trust is completed in the E-Housing Reconstruction Project Association, and the registration of the change of ownership is completed in the remainder

2. The rebuilding association member's relocation right allocated 33 square meters, the relocation expenses of 438,00,000 won (F.T. 5,600,000 won : F.F. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d.

3.10 million won, out of the down payment, shall be paid at the time of the contract, and KRW 18 million shall be the account remittance of the next day.

B. According to the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 118,00,000 and the intermediate payment of KRW 258,00,000, respectively.

C. On August 14, 2017, the remainder payment date of the instant sales contract, the Plaintiff prepared for payment of KRW 366,00,000,000, deducting KRW 438,000 from the remainder payment amount of KRW 804,000,000, which is the remainder payment date of the instant sales contract, and the Defendant shall do so.

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