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(영문) 서울남부지방법원 2015.11.12 2014가합101119
손해배상(기)
Text

1. The Plaintiff:

A. As regards Defendant D’s KRW 108,000 and its KRW 8,000,000 among them, Defendant D shall be from January 10, 2006 to 50,000.

Reasons

1. Facts of recognition;

A. Defendant B’s selling right of sale (1) owned one building without permission on the G ground in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, and accordingly, if the housing site development project for the H district is conducted in the future, Defendant B could have purchased 32 square-type new apartment bonds from EP construction.

(2) On March 26, 2002, Defendant B sold the above sales right (hereinafter “instant sales right”) to Defendant C and I for KRW 45,000,000, and drafted a sales contract for the right to sell an apartment. The main contents of the said contract are as follows.

2. Display of goods sold and the location of goods transferred: The urban development right of goods subject to G in Gangseo-gu Seoul Metropolitan Government: Defendant B, the removal area of 9 square meters, and the unauthorized transfer amount of rights: 45,000,000 won.

3. Contract deposit: 3,000,000 won shall be paid at the time of a contract.

Any balance: 42,00,000 won shall be paid on April 13, 2002.

5. Defendant B’s signature and seal affixed with 6 copies of the certificate of personal seal impression, 6 copies of the resident registration certificate, and 6 copies of the resident registration certificate to preserve Defendant C’s rights, such as the statement of performance, consent to resale, and application for change of name, etc. to the extent that Defendant C wishes to do so.

7. Even after the completion of the contract, Defendant B shall immediately reissue the documents required for change of name or recording and, in case where Defendant C buys and sells this article to a third party, perform it on the same condition as the third party.

This contract is a sale contract under the condition of urban development apartment house owners' right to move into a house (33 square meters).

The seller shall cooperate at all times by the time of change in the name of the buyer at the cost (six months after the consultation on compensation is received).

(3) In addition, Defendant B’s statement of performance under the name of the Defendant necessary for acquiring the right to sell apartment units in H district, power to sell apartment units, power to sell apartment units, certificate of sale of apartment units, transfer and waiver of rights, letter of promise to sell, transaction agreement, letter of delegation for change of the name of the housing unit sale contract, and sales contract for apartment units.

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