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(영문) 광주지방법원 2015.12.22 2015가단2978
소유권이전등기
Text

1. Execution by the decision of provisional attachment No. 2014Kadan5998 is made to Defendant B, Inc.

Reasons

1. The following facts may be acknowledged as a whole in each entry of Gap evidence 1 to 3 and 5 to 7, with the whole purport of the pleadings. A.

Defendant Samdong Co., Ltd. (hereinafter “Defendant Co., Ltd”) is the executor of the Nam-gu Seoul metropolitan apartment.

B. On December 26, 2012, D concluded a sales contract with the Defendant Company by setting the sales price of KRW 215,900,000 with respect to the real estate indicated on the instant apartment as indicated on the real estate (hereinafter “instant apartment”).

C. Defendant B comprehensively accepted the rights and obligations under the instant apartment sales contract from D on December 30, 2013.

On March 10, 2014, Defendant Company completed the registration of ownership preservation on the instant apartment, and Defendant B paid the remainder of the sale price of the instant apartment on April 15, 2014 to Defendant Company KRW 75,224,939.

E. On November 15, 2014, the Plaintiff concluded a sales contract with Defendant B by setting the sales price of KRW 216,000,000 with respect to the instant apartment. On the same day, the Plaintiff paid KRW 22,00,000 to Defendant B as the down payment.

At the time of the above sales contract, the Plaintiff and Defendant B agreed to pay the remainder of KRW 194,00,000 to the Plaintiff on November 21, 2014; however, the Plaintiff acquired KRW 177,00,000 as to the obligation to refund the lease deposit with respect to the instant apartment, and the Plaintiff agreed to pay KRW 17,00,000 as to the remainder to the Defendant B; and until November 21, 2014, Defendant B agreed to return the down payment to the Plaintiff and terminate the said sales contract.

2. Determination

A. According to the above part of the claim against Defendant B (1) barring any special circumstance, Defendant B is obligated to implement the registration procedure for ownership transfer of the instant apartment on November 15, 2014 with respect to the instant apartment.

(2) As to this, Defendant B, as stipulated in the above sales contract, on November 21, 2014.

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