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(영문) 서울중앙지방법원 2018.10.19 2018가단5097906

소유권이전등기

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 8, 2004, the Defendant acquired a total of 21 square meters of the land in Dongjak-gu Seoul Metropolitan Government, 209 square meters of the above D site, 73 square meters of the above E site, and 6 square meters of the land in the above E site, and 47.04 square meters of the building on the above E and one parcel, and 134.41 square meters of the building on the above D and one parcel, and 69.8 square meters of the above F and two lots of land (hereinafter referred to as "total real estate", including the land in the above 6 lots of land and 3 lots of land, and the building on the above 3 lots of land is specified as the lot number when individual land is displayed) on July 17, 2009, and completed the registration of ownership transfer to the Plaintiff on the above D, 2 lots of land in the above D and the above 3 lots of land (hereinafter referred to as "registered real estate").

B. (1) B. (1) The Plaintiff and the Defendant prepared a contract between the public auction on the date of preparation, ① the public auction on the date of sale, KRW 7 billion on July 17, 2009, the remaining real estate (in the case of a building, KRW 134.41 square meters, real estate in dispute, E site), and KRW 10 billion on March 24, 2008, the entire real estate of the subject matter of sale (Provided, That the land is omitted; KRW 400 million on March 24, 2008; KRW 6.6 billion on May 21, 2009; KRW 3 billion on July 17, 2009; KRW 25% on the date of payment of the down payment and the remainder; and the remainder payment at the same time by the buyer applying the additional interest rate of KRW 25% on July 24, 2009 to the seller).

(2) On September 30, 2009, the Defendant reported the transfer value of the previous real estate to the head of Dongjak Tax Office at KRW 4 billion, and attached a written contract signed between the Plaintiff and the Plaintiff on June 26, 2009 (the transfer of the previous real estate at KRW 4 billion).

C. The agreement dated April 26, 2013 (hereinafter “instant agreement”) was drafted between the Plaintiff and the Defendant as indicated in the separate sheet.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 6, 7, Eul evidence Nos. 1, 2 and 3 (including branch numbers), the purport of the whole pleadings

2. Both claims;

A. On March 24, 2008, the Defendant concluded a contract to sell all real estate to the Plaintiff.

The plaintiff is down payment to the defendant.