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(영문) 광주지방법원 2018.10.10 2018가단508583

부동산소유권이저등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 16, 2015, the Plaintiff: (a) sold real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant to KRW 268,607,00; (b) agreed that the down payment, intermediate payment, and remainder shall be paid in installments in the name of the Defendant and the Housing and Urban Guarantee Corporation, and only the deposit into the said account shall be effective; (c) pursuant to the agreement, the Plaintiff agreed that the first down payment of KRW 10,000 in the payment shall be paid on the contractual date; and (d) the intermediate payment of KRW 16,860,70 in the second down payment of KRW 32,232,840 in each intermediate payment of KRW 5 times from each E Association and deposited into the said C Association account.

B. However, the Plaintiff received an advance payment discount on February 22, 2017 under the name of the Seo-gu F, 7th, a corporation (representative G, and H) located in the 7th floor of Gwangju, Seo-gu, and then transferred KRW 72,526,290 to the J bank account (Account Number K) in the name of the Defendant’s employee by contact with the phone number indicated in the above notice. The Plaintiff transferred KRW 72,526,290 to the J bank account (Account Number K) under the direction of the Plaintiff.

C. G and H assumed office as a joint representative director of each Defendant company on March 19, 2015, but resigned on May 15, 2017.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 6 (including virtual number), and the purport of whole pleadings

2. The party's assertion and judgment

A. The Plaintiff, upon receipt of the above notice under the name of the Defendant Company, paid all the balance discounted according to the explanation of the employees of the Defendant Company, and completed the obligation to pay the price under the above sales contract, the Defendant Company is obligated to transfer the ownership of the instant real estate to the Plaintiff. Accordingly, the Defendant Company is liable for the said sales contract by the Plaintiff.