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(영문) 부산지방법원 2016.08.11 2016가단303174

매매대금

Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. The registration is made with respect to the area of 563 square meters of the forest land in Ulsan-gun, Ulsan-gun (hereinafter “instant forest”) as follows:

(1) The ownership transfer registration was completed in the future for the development of the chemical industry, Inc., but the registration of the right to claim ownership transfer was completed in the name of the deceased on January 12, 2012 due to the transaction reservation (i.e., January 11, 2012) (hereinafter “the deceased”), and the registration of the right to claim ownership transfer was completed in the future on May 11, 2012 (i.e., May 10, 2012).

(2) On May 15, 2012, the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on the grounds of the purchase promise (as of May 25, 2012), and the cancellation registration was completed on the grounds of the cancellation on August 23, 2012 (as of August 7, 2012).

(3) On August 23, 2012, the provisional registration under the Plaintiff’s name was cancelled, and at the same time, the registration of ownership transfer (hereinafter “instant transfer registration”) was completed for the Defendant’s future trading (hereinafter “instant sales contract”) on the grounds of the instant sales contract (hereinafter “instant sales contract”).

(4) On December 16, 2014, the transfer registration for ownership was completed on the ground of the E trading ( October 18, 2014) in the future.

(The transaction value shall be 152,00,000 won). (b)

On May 18, 2012, the Plaintiff entered into a real estate exchange contract with the Deceased (Agent F), namely, the multi-family house located G in Yangsan City owned by the Plaintiff, and the instant forest and land owned by the Defendant, and H and I, a total of three parcels (However, the Deceased would pay the Plaintiff the difference of KRW 50,000,000; hereinafter “instant exchange contract”).

[Based on Recognition] Evidence A 1, Evidence A 2-1, Evidence A 6-17, and Evidence A 14

2. The parties' assertion

A. The plaintiff's assertion is selected by selecting the following arguments:

(1) The Plaintiff’s instant provisional registration is completed after the instant exchange contract was concluded. (2) The instant forest is the forest of this case.