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(영문) 전주지방법원 2018.11.13 2017가단11232
소유권이전등기
Text

1. The defendant shall be paid KRW 300,500,000 from the plaintiff and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On April 18, 2014, the Defendant won a prize in the right to sell the real estate listed in the separate sheet (hereinafter “instant apartment”) related to the apartment sales business executed by Nonparty D Co., Ltd. (hereinafter “instant apartment sales right”).

B. On April 18, 2014, the Defendant received KRW 20,000,00 through E and Nonparty C’s broker F and sold the instant sales right to the said C.

C. At the time, the Defendant: (a) signed and delivered each of the documents related to the sale and purchase of the instant parcelling-out tickets, such as a pre-sale contract, sales contract, certificate of transaction, certificate of transfer, transfer angle, statement of waiver of right, performance angle, receipt, etc., to F, the broker of the above C, and signed and sealed each of the documents related to the sale and purchase of the instant parcelling-out tickets; and (b) agreed to transfer all of the rights to the instant parcelling-out tickets to the purchaser or the person designated by the purchaser, and take necessary measures

On April 19, 2014, the Plaintiff paid KRW 24,00,00 to the said C through G as the broker of the Plaintiff and F as the broker of the said C, and purchased the instant sales right (hereinafter “instant sales”) from the said C. Each of the documents related to the sales of the instant sales right was issued by the Plaintiff.

E. On April 29, 2014, the Defendant concluded a supply contract with D Co., Ltd. for the instant apartment (hereinafter “instant apartment supply contract”) and a balcony expansion contract.

F. On April 29, 2014, the Plaintiff, via G, F, and E, paid KRW 16,100,000 for the first down payment under the apartment supply contract of this case and KRW 1,00,000 for the balcony expansion contract under the apartment supply contract of this case to the Defendant side, and around May 28, 2014, paid KRW 16,10,000 for the second down payment under the apartment supply contract of this case to D Co., Ltd.

G. After that, the Plaintiff directly from the Defendant on April 28, 2014 through G, F, and E, an individual.

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