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(영문) 서울북부지방법원 2015.08.11 2014가단102781
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) On April 1, 2009, the Plaintiff drafted a sales contract (hereinafter referred to as “instant land”) in which the Plaintiff would sell all unregistered buildings (attached Form No. 4) on the land indicated in the attached list (hereinafter referred to as “instant land”) and the attached list (attached Form No. 4) to the Defendant under the name of a night mother C, a price of KRW 310 million (50 million, a balance of KRW 50 million, and KRW 260 million on April 20, 2009) under the name of a night mother C, which is a part of a settlement contract, to the Defendant.

(2) On April 10, 2009, the Plaintiff drafted a sales contract to sell the instant land to the Defendant under the name of C (hereinafter referred to as “the sales contract, No. 2 contract, and No. 7-2”) to sell the instant land (hereinafter referred to as “the contract, and No. 7-2”) on April 10, 2009, and attached the proviso that “the lessee’s rental deposit and monthly rent are attached”.

(3) On April 10, 2009, the Plaintiff prepared a sales contract (hereinafter referred to as "contract, No. 3 contract, and No. 2) to sell the instant land to the Defendant under the name of C, 30 million won (a contract amount of KRW 160 million in the part payment, KRW 60 million in the part payment, and KRW 80 million in the part payment, April 27, 2009, and KRW 80 million in the remainder, September 30, 2009). The Plaintiff attached the proviso that "the purchaser of the intermediate payment shall prepare documents for the transfer of registration and allow the transfer of the land. The purchaser of the outstanding balance shall be deemed null and void in the cause of the sale."

B. The Defendant’s payment of money and acquisition of ownership paid to the Plaintiff, KRW 160 million on April 10, 2009, KRW 40 million on April 27, 2009, KRW 20 million on May 7, 2009, and acquired ownership of the instant land on April 13, 2009.

C. (1) The passage of a lawsuit seeking removal of unregistered buildings, etc. (1) the land-owned building on the instant land was purchased to obtain the right to move into an apartment complex granted to the unauthorized building D and E, and was registered as the owner of the unauthorized Building Register.

(2) On March 26, 2013, the Defendant filed a lawsuit against D and E, and received a judgment ordering D and E to remove unauthorized buildings from the Seoul Northern District Court (2012Da12921).

(3) Upon appeal by D and E, the Defendant filed an appeal on September 23, 2013.

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