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(영문) 서울남부지방법원 2017.08.24 2016가합112885
소유권이전등기
Text

1. The defendant shall receive KRW 2,393,123,286 from the plaintiff, and at the same time, shall be stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff, a company conducting a building project, housing project, etc., as indicated in the separate sheet attached to the Defendant’s ownership (hereinafter “instant real estate”).

(2) On May 23, 2016, a real estate sales contract between the Defendant and the Defendant for the purchase price of the real estate at KRW 3.1 billion (hereinafter “instant sales contract”).

(2) According to the above sales contract, the Plaintiff concluded a sales contract: (a) KRW 310 million on the date of the contract; (b) KRW 600 million on the date of the first intermediate payment; and (c) KRW 1.2 billion on July 20, 2016; (b) the second intermediate payment of KRW 1.2 billion on the date of July 20, 2016; (c) the remainder of KRW 990 million is paid at the same time with the transfer of ownership and delivery of the instant real estate from the Defendant on August 1, 2016 (see Articles 1 and 2); and (d) the Plaintiff paid all expenses to the Defendant at the same time after acquiring a building permit under the name of the Defendant; and (e) the Defendant agreed to actively cooperate therewith.

(see special agreement). (b)

(1) On May 23, 2016, the Plaintiff substituted the Defendant for KRW 10 million paid as a provisional contract deposit on April 25, 2016, the Plaintiff paid KRW 310 million to the Defendant as a contract deposit.

On June 16, 2016, the Plaintiff paid KRW 200 million among the first intermediate payment, and KRW 200 million among the first intermediate payment on June 20, 2016. (2) On August 8, 2016, the Plaintiff filed an application for a construction permit on the instant real estate in the name of the Defendant with the competent Gu office on August 8, 2016, and a public official in charge of this case’s construction is limited to public rental houses under Article 2 subparag. 1 (a) of the Special Act on Public Housing, commercial rental houses under Article 2 subparag. 4 of the Special Act on Private Rental Housing, and quasi-public rental houses under Article 2 subparag. 5 of the Special Act on Private Rental Housing.

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