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(영문) 서울중앙지방법원 2015.04.08 2014나19461
소유권이전등기 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Determination as to Plaintiff A’s claim

A. On January 10, 2008, with respect to the instant 401, Defendant C owned, the establishment registration of the mortgage of this case was completed by the maximum debt amount of 1 billion won, the debtor J Co., Ltd., and Defendant D Co., Ltd. on the ground of the establishment of the mortgage of this case. 2) On October 7, 2010, Plaintiff A purchased from Defendant C the instant 401 price of KRW 150,000,000,000 from Defendant C, and the remaining payment date is determined by mutual agreement. However, after 20 days, the Plaintiff agreed to deliver the instant 401 price to Defendant C in advance.

3) On October 21, 2010, Plaintiff A paid to Defendant C a down payment of KRW 15 million as the down payment, and KRW 50 million as the intermediate payment on October 21, 2010. At that time, Plaintiff A received the instant 401 delivery from Defendant C. Meanwhile, Plaintiff A as the instant 401 director, and paid KRW 1,684,561 in total to the management office.

[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's 1, 4 through 7, 14 (including virtual numbers), the purport of the whole pleadings

B. According to the determination of the claim against Defendant C, the Defendant C is obligated to implement the registration procedure for ownership transfer on October 7, 2010 with respect to the instant 401 on the ground of sale, barring any special circumstance.

As to this, Defendant C’s defense of simultaneous performance that the above Plaintiff’s claim cannot be complied with until the payment of the balance amounting to KRW 85 million was made, it is acknowledged that Plaintiff A agreed to pay the balance to Defendant C by delivery and redemption of the documents necessary for the registration of transfer of ownership under subparagraph 401 of this case at the time of the above purchase. As such, Plaintiff C is obligated to pay the balance to Defendant C. The above obligation to perform the registration of transfer of ownership is related to the performance of the above obligation to pay the balance amounting to KRW 85 million. Defendant C’s above obligation to pay the balance.

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