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(영문) 서울서부지방법원 2018.09.13 2018가합33428
소유권말소등기
Text

1. The defendant shall pay 2,037,450,000 won from the plaintiff and each of them stated in the "paid amount" column in the attached Table.

Reasons

Basic Facts

On December 2006, the Plaintiff, including the status of the parties, completed the registration of ownership transfer on the land of 3 large 420 square meters in Mapo-gu Seoul Metropolitan Government (hereinafter “instant land”). On May 2010, the Plaintiff completed the registration of ownership transfer on each real estate listed in the separate sheet on the ground of the instant land (total 32 households’ apartment houses; hereinafter “instant building”).

The Defendant is the implementer of a project that constructs “B Housing Association Apartment” (465 households, hereinafter “association apartment”) in the whole area of the instant land, etc.

As of May 31, 2017 between the Plaintiff and the Defendant, the sales contract was prepared between the Plaintiff and the Defendant, including the Defendant, to sell the instant building to the Defendant at the purchase price of KRW 3.684 billion (the contract amount of KRW 368,400,000 shall be paid at the time of the contract, and the intermediate payment of KRW 38.6 million shall be paid at the time of the contract, and the intermediate payment of KRW 38.6 billion shall be paid on June 7, 2017, and the remainder of KRW 3.7 billion shall be paid on July 17, 2017), and the said sales contract included the following special terms:

1. The deposit for the lease on a deposit basis shall be paid after deducting the remainder at the time of paying the deposit, and the purchaser shall pay the deposit for the lease on a deposit basis of the tenant in a named city after

2. The remainder includes the amount of deposit and the purchaser’s contribution to offset 407,750,000 won (1201, 102 Dong 1601, 1601, 103 Dong 1301, 104 Dong 901, Dong 104 Dong 1501, Dong 104 Dong 1501, 81,550,000 won) by the total amount of the deposit and the purchaser’s contribution to the partnership apartment under business operation, and the Plaintiff and the Defendant drafted a written agreement containing the following details on June 29, 2017:

(2) The remainder of the purchase price of the above indicated real estate includes the amount of KRW 407,750,000 ( KRW 81,550,000 for each of the above units) as the share of the apartment units (No. 1201, 1201, 102, 102, 1601, 1601, 103, 103, 104, 901, 1501, 1501) sold by the seller from the buyer.

3.The combination apartments in paragraph 2 above, which the seller purchases in lots, shall be.

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