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(영문) 서울중앙지방법원 2016.06.24 2015가단210246
구상금 등
Text

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

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

Reasons

1. Basic facts

A. On February 21, 2014, the Defendants concluded a contract with the Plaintiff to purchase the following trading object at KRW 1,070,000 (hereinafter “instant contract”).

The object of sale: Seocho-gu Seoul Metropolitan Government D. D. 101.6m2 and its ground bricks 101.6m3m2 and 2m2m2 roof roof (hereinafter “instant real estate”): The method of paying the down payment - The payment of the down payment of KRW 100,000: The date of conclusion of the contract - The intermediate payment of KRW 100,000: The payment shall be made in the repreparation of contract documents - The Defendants shall succeed to the lease deposit of KRW 100,000 for the instant real estate - The Defendants shall succeed to the secured obligation of KRW 582,000,000 for the secured obligation of the right to collateral security established on the instant real estate - The Defendants shall succeed to the remainder of KRW 188,00,000: April 20, 2014.

B. The Defendants paid the down payment of KRW 100,000,000 as the contract date.

However, around March 13, 2014 and around March 26, 2014, the Plaintiff sent a certificate of content to the Defendants demanding the correction of the above purchase price. On April 1, 2014, the Defendants deposited intermediate payment of KRW 100,000 with the Plaintiff as the depositee on the ground of the Defendant’s refusal to receive payments. On April 22, 2014, the Defendants deposited intermediate payment of KRW 188,000,000.

C. On December 12, 2014, the Defendants filed a lawsuit seeking ownership transfer registration against the Plaintiff who did not complete the registration of ownership transfer on the instant real estate and received the judgment from the above court to implement the procedure for ownership transfer registration on December 12, 2014. While the Plaintiff appealed as Seoul High Court 2015Na2002070, the said court dismissed the Plaintiff’s appeal on April 24, 2015, and the said judgment became final and conclusive around that time.

The Defendants completed the registration of ownership transfer on the instant real estate on June 25, 2015.

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