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(영문) 서울서부지방법원 2018.06.20 2017가합38235
저당권설정등기
Text

1. The Defendant concluded a mortgage agreement on April 10, 2017 with respect to each real estate listed in the separate sheet to the Plaintiffs.

Reasons

Facts of recognition

A. The defendant is the owner of each real estate (hereinafter referred to as the "each land of this case") recorded in the attached list of the project implementation district of the D Urban Environment Improvement Project Association, which is a maintenance and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "maintenance Project Association of this case") and the building (the second floor neighborhood living facilities) prior to the destruction of each

B. On December 15, 2016, the Defendant, as a member of the instant rearrangement project association, entered 114B (multi-family housing) in the order of 114B (48 square-type 1), 111 square-story in the order of 1999, 37 square-class 1 in the order of 1999, and 130 square-type 130 square-type 1 in the order of 1999.

C. On April 10, 2017, the Plaintiffs entered into a real estate sales contract with the Defendant and the Defendant to purchase the second floor of commercial buildings that are scheduled to purchase by uniting for parcelling-out as above (hereinafter “instant sales contract”) and paid a down payment of KRW 200 million to the Defendant. The special terms and conditions of the instant sales contract are as follows.

1. This contract is a trade contract for only two commercial floors in which members are scheduled to apply for parcelling-out in the land for the urban environment rearrangement project.

(The member's additional contributions are the commercial share certificates that have not been made by a contract that trades only the commercial share certificates of members.

2. At present, the area and sale price of the second floor is determined at the time of the partner sales contract after the general meeting of the management and disposal of the second floor on April 27, 2017, but approximately approximately 2 partitions ( approximately 18 to 20 square meters exclusive for common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common

3. The sale and purchase of this Agreement is the second commercial building where a partner is scheduled to purchase and sell the same as it is.

4. The sales price is determined at the time of the partner sales contract, and the amount becomes final and conclusive, so the seller and buyer shall increase or decrease the prices of commercial buildings in the future.

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