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(영문) 수원지방법원성남지원 2016.12.07 2015가합206269
매매대금 대위청구
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On December 12, 200, the Plaintiff agreed to take over a considerable amount of shares of 495 square meters (150 square meters) in the provisional registration of transfer of ownership in the name of D, which was completed with respect to a part of shares of 2225.9 square meters in Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City from D on December 12, 200, and to receive all necessary documents until December 14, 200.

B. After that, the Plaintiff filed a lawsuit against D on February 28, 2005, seeking the implementation of the procedure for the transfer registration of ownership transfer claim under the above agreement with Sungwon District Court Branch 2005Kadan5477, and on January 10, 2006, the lower court dismissed the above provisional registration claim against the Plaintiff on October 26, 199: “D was made on October 26, 199 to the Plaintiff with the receipt of the receipt of No. 133525 on October 25, 2225, 2225.9m25.9m25/9m225.6m225.6m25m25m25, and Sungwon-gu Branch District Court 35909m29 on April 12, 200, and each of the above provisional registration claims for transfer registration became final and conclusive on the ground that the transfer registration of ownership transfer registration became final and conclusive on April 239, 2007.

C. On October 27, 2009, the Defendants entered into a sales contract with D to purchase the entire D share amounting to KRW 85.9 square meters in total among the D share amounting to KRW 170.4 square meters in Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City, 2225.9 square meters in 1122.3 square meters in F. (hereinafter “instant sales contract”). On the same day, the Defendants paid KRW 200 million as the down payment to D as the down payment on the same day, and paid the remainder of KRW 2.1 billion by November 4, 2009.

(hereinafter referred to as D’s remainder claim amounting to KRW 2.1 billion against the Defendants (hereinafter “instant remainder claim”). D.

The Defendants, pursuant to the instant sales contract from D on November 6, 2009, are 58/46298/46298/46/46298/1122.3m2.

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