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(영문) 대전지방법원서산지원 2020.06.16 2019가단4535

소유권이전등기

Text

1. The defendant shall receive KRW 70 million from the plaintiff, and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of arguments stated in Gap evidence Nos. 1 through 6 and Eul evidence Nos. 1 through 4 (including branch numbers), the defendant purchased ownership of each of the real estate listed in the separate sheet (hereinafter "the real estate of this case") on December 6, 2017. ② The plaintiff paid the real estate of this case to the defendant on June 21, 2019 with KRW 370 million (the contract amount of KRW 40 million on the date of the contract, the balance of KRW 330 million without intermediate payment, and KRW 90 million on August 30, 2019; KRW 200 million on the same day, the plaintiff paid the remainder of KRW 90 million to the defendant on August 30, 2019 (hereinafter "the sales contract of this case"); ③ The defendant paid KRW 900,000,000 on the same day the intermediate payment of KRW 90,000 on August 27, 2019.

2. Determination on the cause of the claim

A. The plaintiff asserts that the plaintiff is obligated to implement the registration procedure for transfer of ownership based on the sale of the real estate of this case since the price of KRW 370 million under the sales contract of this case was fully paid.

After the sales contract of this case, the defendant sold the real estate of this case to D in KRW 40 million, and the plaintiff paid 80 million to D through consultation with the plaintiff.