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(영문) 인천지방법원 2017.08.17 2015가합58170

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The related defendant of the parties is a person who operated a licensed real estate agent office from around 2002 to the time of filing the instant lawsuit with C along with internal relations with C, and the plaintiff is a child of C.

B. On July 10, 2004, Gangseo-gu Seoul Metropolitan Government D Land (hereinafter “instant land”) and buildings (hereinafter collectively referred to as “instant real estate”) concluded a sales contract with Nonparty G to purchase the instant real estate at KRW 887,000,000 and paid in full.

However, the instant land was located in the land transaction permission zone and the F was not eligible to obtain land transaction permission, and the said people agreed to cancel the sale contract of the instant real estate, but the E and F agreed to sell the instant real estate to a third party and receive the purchase price in the form of E and F.

B. On June 3, 2005, G entered into a sales contract with Nonparty H and the instant real estate (a contract deposit of KRW 50,000,000,000, the first intermediate payment of KRW 300,000,000, the second intermediate payment of KRW 300,000,000, the remainder of KRW 300,000,000). H paid the down payment of KRW 50,000,00 to E who was entitled to receive the purchase price on the date of the contract.

After that, H did not prepare the first intermediate payment and, if he could not pay the balance to E by August 2, 2005, prepared a letter of intent to waive the down payment and cancel the said sales contract.

On July 1, 2005, the Defendant and H agreed to pay KRW 850,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

After that, the defendant shall be from July 1, 2005 to December 1, 2005.