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(영문) 서울중앙지방법원 2019.02.01 2017가합561273
매매대금
Text

1. The Defendant (Counterclaim Plaintiff) is the Seoul Central District Court with respect to the real estate stated in the separate sheet to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”)’s children.

The defendant married with E on February 197, and the defendant's mother-friendly net F, died on November 22, 1990, and the plaintiff married with G on June 25, 1992.

B. The registration of ownership transfer was completed on April 14, 1984 in the name of Gangnam-gu Seoul apartment and D (hereinafter “instant apartment”) on December 10, 1984.

On the other hand, from November 2, 1983, the plaintiff resided with the defendant and E from Gangnam-gu Seoul Haylle I, and from October 24, 1992, the plaintiff is residing in the apartment of this case.

C. On December 11, 1984, the Plaintiff completed the registration of transfer of ownership on the real estate listed in the separate sheet (hereinafter “instant commercial building”) on March 3, 1983. G, the Plaintiff’s wife, completed the registration of transfer of ownership on the ground of sale on March 3, 1983. On December 23, 2002, the Plaintiff completed the registration of transfer of ownership on the 1/2 portion of the instant commercial building on December 21, 2002.

On March 9, 2016, the Plaintiff and the Defendant concluded a pre-sale agreement on Plaintiff 1/2’s share among the instant commercial buildings (hereinafter “instant pre-sale agreement”) and the details thereof are as follows.

Article 1: The plaintiff and the defendant promise to trade 1/2 of the commercial buildings of this case, which are owned by the plaintiff, in the amount of KRW 96 million.

Article 2: The Defendant shall pay to the Plaintiff the amount of KRW 10 million as the deposit money of this reservation, and the Plaintiff shall receive the said amount in full.

Article 3:The date of completion of the trade reservation shall be September 8, 2016, and shall be deemed to have been completed as a matter of course without the defendant's declaration of intention to complete the trade.

Article 4: When a trade is completed pursuant to Article 3, a sales contract for the Plaintiff’s share of 1/2 among the instant commercial buildings between the Plaintiff and the Defendant shall be established, and the Plaintiff shall deduct the deposit money under Article 2 from the Defendant.

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