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(영문) 수원지방법원 성남지원 2021.01.12 2019가단228888
소유권이전등기
Text

1. The sales contract concluded on August 4, 2019 between the Plaintiff and the Defendant with respect to the real estate indicated in the attached list is valid.

Reasons

Lawsuits and independent parties' interventions shall be considered together.

Basic Facts

A. On December 5, 2016, the Defendant entered into an apartment sale contract (hereinafter “instant apartment sale contract”) with the Korea Land and Housing Corporation, with the content that the apartment house F of the E apartment (hereinafter “instant apartment”) is sold in units in the amount of KRW 473,270,000 (a separate sheet from the balcony extension cost of KRW 11,800,000).

B. On December 7, 2016, the intervenors entered into a sales contract with the Defendant to purchase the Defendant’s status under the instant apartment sales contract (hereinafter “instant sales contract”) for KRW 55 million. The intervenors paid KRW 55 million to the Defendant on the same day, and thereafter paid KRW 57,970,000 to the Korea Land and Housing Corporation.

(c)

After completing the instant apartment on June 10, 2019, the Korea Land and Housing Corporation completed the registration of the preservation of ownership on August 2, 2018, and around that time, the occupancy of the instant apartment began.

(d)

On August 4, 2019, the intervenors entered into a lease contract with the Defendant and agreed to receive the housing mortgage loan, instead of paying KRW 20 million to the Defendant on August 4, 2019, when the Intervenor owns the apartment house of this case under the name of the Defendant for non-taxation.

E. After the foregoing agreement was reached, the intervenors transferred the instant apartment to the Plaintiff on August 4, 2019. On the same day, the Plaintiff and the Defendant concluded a sales contract to pay KRW 745 million to the Plaintiff on the same day after deducting the amount of KRW 250 million from the purchase price instead of the Plaintiff’s succession. The contract date and the intermediate payment of KRW 50 million from the contract date and the intermediate payment of KRW 10 million from the remainder payment to pay on September 8, 2019 (hereinafter “the instant sales contract”).

The main terms and conditions of the instant sales contract are as follows.

After the registration of the conservation of the apartment.

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