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(영문) 서울중앙지방법원 2020.05.07 2019가합554675
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant) is simultaneously paid KRW 1,080,000 from the defendant (Counterclaim plaintiff).

Reasons

Facts of recognition

The Plaintiff is a member who purchased real estate listed in the attached Table (hereinafter referred to as “instant apartment”) on May 2, 2016, as the housing reconstruction improvement project was implemented in the Gangnam-gu Seoul Metropolitan Government D apartment zone designated as an overheated speculative district under the Housing Act, and the Defendants purchased the instant apartment from the Plaintiff.

The completion of the instant apartment is authorized on February 28, 2019, and the relocation announcement was made on May 24, 2019.

On May 11, 2019, the Plaintiff and the Defendants entered into a lease agreement with respect to the instant apartment as set forth in the terms of KRW 850,000,000,000,000 for the lease deposit, and the term of the contract from May 31, 2019 to May 30, 2021, which is the remainder payment date, and, in addition, entered into an agreement execution statement that includes the following:

(2) The Plaintiff (the Plaintiff) and the Defendant (the Defendant) confirmed that the agreement was reached between the parties on the basis of the agreement, and concluded that the transaction of the said goods was KRW 1.930 million.

2. As for the re-building relationship of the existing D apartment, the registration of ownership transfer at the present point of view due to the characteristics of the re-building, and the registration of ownership preservation in the name of the association members thereafter, is made in the name of the association members. On the other hand, the B is residing in the lease contract amounting to KRW 850 million (see the lease contract

In the case where it is possible to register the transfer to B, a sales contract shall be prepared in the case of converting it to a sale.

3. Where it is possible to register the preservation of ownership of a cooperative member, a sales contract (within the maximum three days) (within 1930 million won for the sale and purchase, and within 15 days for any balance after the date of the contract) shall be prepared, and the amount of the key money already paid out of the sale and purchase price shall be substituted for the payment as part of the sale and purchase price, and the remaining amount shall be paid only one billion won;

4. The lease contract is a temporary arrangement for the implementation of the contract, and its objective is in the contract.

5. The options at 1.99 billion won will be made.

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