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(영문) 수원지방법원 2020.07.09 2019가단552915
소유권이전등기
Text

1. The defendant,

A. On October 22, 2015, each of the real estate listed in the separate sheet Nos. 1 and 2 to Plaintiff A is traded.

Reasons

1. Basic facts

A. The Defendant is a company running the business of newly constructing and selling the Etel of the third and tenth stories above the ground level on the land level of Osan-si and one story above the ground level (hereinafter “instant officetel”) (hereinafter “instant business”).

B. On October 22, 2015, Plaintiff A entered into an offer contract with the Defendant to subscribe the instant officetel F and G (each real estate listed in the attached Tables 1 and 2) to KRW 50 million for each subscription price. On the same day, Nonparty A entered into an offer contract with the Defendant to subscribe the instant officetel I (real estate listed in the attached Table 3) from the Defendant for KRW 55 million for each subscription price (hereinafter collectively referred to as the “each subscription contract of this case”), and each of the above subscription contracts entered into with the Defendant, and agreed to convert each of the instant subscription contracts into the sales contract after the date of the commencement of the instant officetel into a special agreement (hereinafter referred to as the “each subscription contract of this case”).

[See Article 20(1)(a) of each subscription agreement of this case]

Plaintiff

By October 19, 2015, A and H completed payment of KRW 55 million for each subscription under each of the instant subscription agreements. D.

Meanwhile, Plaintiff B’s instant officetel No. 1 from H around April 1, 2019.

The status of the offerer was succeeded under the contract of subscription as described in the paragraph.

E. On March 8, 2018, after obtaining approval for the use of the instant officetel, the Defendant completed each registration for the preservation of ownership in the name of the instant officetel F through I. On August 29, 2019, the Defendant completed the registration for the transfer of ownership based on the trust on July 11, 2019 to Nonparty J Co., Ltd.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to Gap evidence 3-3, the purport of whole pleadings

2. According to the above facts of recognition as to the cause of the claim, each of the plaintiffs and the defendant as a conclusion of each of the subscription agreements of this case is an officetel.

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