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(영문) 서울북부지방법원 2019.04.25 2018가합21566
손해배상(기)
Text

1. The Seoul Northern District Court's Dongdaemun-gu registry office with respect to the real estate stated in the attached Form among the main claims of the instant lawsuit.

Reasons

1. Basic facts

A. On August 30, 2006, the Plaintiff entered into a sales contract with D Co., Ltd. (hereinafter “D”) to sell KRW 1,130,000,000 as separate real estate (hereinafter “instant real estate”) and received KRW 565,00,000 from D.

B. On December 28, 2006, the Plaintiff entered into a disposal trust agreement with E Co., Ltd. (hereinafter “E”) with respect to the instant real estate on the same day, and E completed the registration of ownership transfer based on the trust as Seoul Northern District Court’s Dongdaemun District Court’s receipt No. 98593 on December 28, 2006 with respect to the instant real estate on the same day.

C. Among them, Defendant B Co., Ltd. (hereinafter “Defendant B”) decided to take over the construction and sale of main apartment and sales facilities, which were executed on the instant real estate from D. D.

As a trustee, on December 27, 2007, the Plaintiff entered into a sales contract to sell the instant real estate again to Defendant B in KRW 1,130,000,000, as a trustee.

(hereinafter “instant sales contract”). Defendant B paid KRW 565,00,000, which is a part of the remainder remaining after deducting KRW 565,000,000 paid by D as stated in the said paragraph, as the sales price of KRW 1,130,00,000.

The name of custody certificate : A deposit : 40,000,000 won s n.b,00 won n.b,00 won n.27 December 27, 2007 n. B representative director F (sealed).

E. On December 27, 2007, Defendant B agreed with the Plaintiff on December 27, 2007 that the remaining KRW 40,000,000, out of the real estate purchase price of this case, shall be kept by Defendant B until the transfer of the real estate of this case, and the Plaintiff shall prepare a custody certificate as follows

(f) On January 4, 2008, E completed the registration of transfer of ownership based on the instant sales contract as the Seoul Northern District Court’s Dongdaemun District Court’s receipt No. 661 on January 4, 2008, and hereinafter “instant agreement”).

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