소유권이전등기
1. The Defendant traded the Plaintiff on April 4, 2012 with respect to the share of 73/1108 square meters among D 589 square meters and E 1108 square meters.
The Plaintiff (the purchaser under the sales contract is a “F Co., Ltd.” but this is the trade name before the change of the “A” corporation established by division; hereinafter referred to as “Plaintiff”) entered into a sales contract with the Defendant on April 4, 2012 by setting the purchase price of each real estate indicated in the order as KRW 12 million between the Defendant and the Defendant, and the delivery of each of the following real estate after full payment of the purchase price did not conflict between the parties, barring any special circumstance, the Defendant is obligated to implement the registration procedure for transfer of ownership on each real estate listed in the order to the Plaintiff on April 4, 2012.
Unlike the actual transaction, the Defendant asserts that each of the real estate stated in the order and each of the real estate listed in G, as well as H land and its ground buildings owned by the Defendant, are unable to comply with the Plaintiff’s claim until receiving the payment, because the transfer income tax on each of the real estate listed in G, which is in excess of KRW 33 million in the actual sale price of each real estate listed in G, was promised to compensate for it, and thus, the Plaintiff cannot comply with the Plaintiff’s claim until receiving the payment. However, there is no other evidence to acknowledge this differently.
Therefore, we decide to accept the Plaintiff’s claim of this case and decide as per Disposition.