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(영문) 창원지방법원진주지원 2017.09.14 2016가합11977

소유권이전등록

Text

1. The defendant shall receive KRW 118,00,000 from the plaintiff and at the same time shall be the fishery right listed in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On October 22, 2015, the Plaintiff concluded a sales contract to purchase the fishery right listed in the separate sheet from the Defendant for KRW 540,000,000 (hereinafter “sales contract”). As to the payment method of the purchase price and the transfer of ownership to the fishery right, the Plaintiff agreed as follows.

The 57,000,000 won shall be paid at the time of the contract.

The actual tax amount of KRW 168,000,000, out of the balance of KRW 483,000,000, the Plaintiff shall pay KRW 118,000,000,000 as policy loan obligations for the Defendant’s Suhyup (FFFFFF) and general loan obligations of KRW 50,00,000 until October 28, 2015.

The actual tax amount of KRW 50,000,000, out of the remainder 315,000,000, shall be paid each until October 2015, and 265,000,000,000 until the end of November 2015.

The plaintiff shall exercise all the rights and duties of the fishery right as soon as he pays the down payment.

After December 1, 2016, the actual tax rate shall be implemented with respect to the above fishing right ownership transfer registration procedure.

B. As stipulated in a sales contract, the Plaintiff paid each of the Defendant the remainder of KRW 315,00,000 on October 22, 2015, and the remainder of KRW 315,00,000 on November 30, 2015. In addition, the Plaintiff paid KRW 50,000,000 to the Defendant instead of paying the general loan debt of KRW 50,000 on October 28, 2015.

As above, when the remainder of the sales price, excluding repayment of policy funds loans, was fully paid, the Plaintiff and the Defendant drafted a receipt for full payment of the sales of fishery rights (price) on November 30, 2015, as follows.

The actual substance is received by the seller, since the seller has received all outstanding 315,000,000 won.

The actual tax amount shall be paid every six months (the buyer) interest on the policy funds out of the seller's loan funds.

The above receipt states that "the purchaser shall pay interest each month for the general loan out of the borrowed loan," and as seen earlier, the defendant has already been at the time of the preparation of the above receipt.