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(영문) 대구지방법원 2017.06.28 2017가단101161
약정금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 35,00,000 and its KRW 25,000,000 among them, the Defendant (Counterclaim Defendant) shall have the effect on January 26, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The Plaintiff is a member of the Daegu Suwon-gu Housing Association that purchased an apartment house of 102 Dong 1202 (hereinafter “instant apartment house”) in Daegu-gu, Daegu-gu.

The Plaintiff paid KRW 26,420,00 as the sales price of the apartment in this case. The Plaintiff received a total of KRW 184,940,000 from the land price and the sale price of the apartment in this case (from No. 1 to No. 6).

As a result, the Plaintiff was in a position in which it is impossible to pay the 7th apartment sales advance payment, the Plaintiff transferred all rights, such as the right to sell the instant apartment to Nonparty D (hereinafter “D”) on July 19, 2016.

D On July 19, 2016, the sales contract for the apartment of this case between the defendant and the defendant was concluded with the sales price of KRW 321,530,000.

On July 19, 2016, the Defendant remitted KRW 80,000,00 to the Man-do District Housing Association, and KRW 27,005,554 out of the above money was paid as the 7th installment payment for the apartment of this case, and the remaining KRW 52,94,946 was recovered by D.

D After acquiring the right to sell the instant apartment, D did not pay KRW 26,420,00 for the instant apartment after having received the right to sell the apartment, and E, which actually purchased the instant apartment as the Plaintiff’s relative, was likely to lose the Plaintiff’s membership status for the instant apartment, and paid the intermediate payment and overdue interest thereon on July 22, 2016 by borrowing KRW 26,572,00 from F.

In Daegu District Court 2016Kadan3871, the Defendant filed a provisional injunction against the instant claim for the prohibition of disposal against the instant claim for the registration of ownership transfer with the Plaintiff and the third debtor as the “Wol District Housing Association,” and the said court rendered a provisional injunction on August 23, 2016.

On September 1, 2016, the registration of ownership preservation was completed for the apartment of this case.

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