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(영문) 울산지방법원 2018. 3. 21. 선고 2017가단67386 판결
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Cases

2017da67386 Registration of transfer of ownership

Plaintiff

A Regional Housing Association

Defendant

B

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

March 21, 2018

Text

1. At the same time, the Defendant received KRW 190,800,000 from the Plaintiff, and simultaneously executes the procedure for the registration of ownership transfer for each real estate indicated in the separate sheet to the Plaintiff on August 27, 2015.

2. The costs of the lawsuit are assessed against the defendant.

Purport of claim

The same shall apply to the order.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

Judges

Judges Kim Sang-woo

Site of separate sheet

Indication of Attached Real Estate

1. Ulsan Nam-gu, Ulsan-gu, 106С;

2. The above ground brick sap saves house.

49.7 square meters in total

Grounds for Claim

1. Family relationship;

The plaintiff is the regional housing association that has obtained authorization for the establishment of the main home association in accordance with the provisions of the Housing Act for the apartment housing business in Ulsan-gu and 224 parcels, Ulsan-gu, and the defendant is the owner of the real estate indicated in the attached Form belonging to the above apartment project site

2. The establishment and circumstances of the sales contract;

A. On February 8, 2015, the Plaintiff created a regional housing association promotion committee for the said housing project, and recruited its members, and applied for authorization for establishment of a partnership in the name of the regional housing association on November 15, 2016, to the Busan Metropolitan City office of the authorizing authority by holding an inaugural general meeting for association members on November 15, 2015.

B. On August 27, 2015, the Defendant concluded a sales contract with the Plaintiff’s Promotion Committee as follows with respect to the real estate indicated in the separate sheet as follows.

1. Contract deposit: 212,00,000 won (21,200,000 won): The balance and time of the payment: 190,80,000 won (2) and the transfer of ownership: The seller shall deliver all the documents necessary for the registration of transfer of ownership to the buyer at the same time as the balance of the purchase price is received; and the seller shall execute the registration procedures;

C. On August 27, 2015, the Plaintiff paid a down payment of KRW 21,200,000 to the Defendant according to the above sales contract.

D. The plaintiff has almost completed a sales contract with the land owner, prepared to implement the procedure for the registration of ownership transfer at the same time as the payment of the balance for the application for the approval of the business, and requested the defendant to provide the documents for the registration of ownership transfer to pay the balance, but refused to perform the sales contract by not providing the documents.

3. Claim for the registration of ownership transfer by the plaintiff's simultaneous performance relationship.

Therefore, the plaintiff has the right to claim to the defendant for the implementation of the procedure for ownership transfer registration at the same time as he/she receives any balance under the above sales contract.

4. Conclusion

Accordingly, the plaintiff has the honor to seek this case's judgment like the above purport of the claim.

Finally

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