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(영문) 부산지방법원서부지원 2020.07.08 2019가단108624

소유권이전등기

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1. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant is based on the sale on November 16, 2015.

Reasons

1. Facts of recognition;

A. The Defendant is an owner who completed the registration of ownership transfer on August 7, 2014 with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On November 16, 2015, the Defendant concluded a sales contract to sell the instant real estate at KRW 65 million to the Plaintiff (hereinafter “instant sales contract”).

C. The Plaintiff paid to the Defendant a total of KRW 65 million for the purchase price of the instant real estate.

[Reasons for Recognition] A without dispute, each entry in Gap evidence 1 through 6 (including additional numbers), the witness C's testimony, the overall purport of pleading [the defendant asserts that Gap evidence 2-1 (cash Receipts) and Gap evidence 6 (Receipt) were forged, but there is no evidence to acknowledge it]

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to implement the registration procedure for transfer of ownership on November 16, 2015 with respect to the instant real estate to the Plaintiff on the ground of a sales contract.

3. As to the judgment on the Defendant’s assertion, the Defendant delayed the registration of ownership transfer to the Plaintiff as a provisional registration that was established on the instant real estate, and the Defendant agreed to return KRW 75 million to the Plaintiff plus interest of KRW 5 million that was already paid to the Plaintiff, and to cancel the instant sales contract. However, the evidence submitted by the Defendant alone is insufficient to acknowledge that the Plaintiff and the Defendant decided to cancel the instant sales contract, and there is no other evidence to prove otherwise.

Therefore, the defendant's above assertion cannot be accepted.

4. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.