토지소유권이전등기
1. The Defendant is based on the sale on July 1, 2015, with respect to the land size of 992 square meters in the Cho Nam-gun, Jeonnam-gun C forest land.
1. Facts of recognition;
A. On November 20, 2012, the Defendant purchased 21,000,000 square meters of land C, 992 square meters (hereinafter “instant forest”) from the Plaintiff’s Dong-gun, Jeonnam-gun, in the amount of KRW 21,00,000, and registered the transfer of ownership on January 9, 2013.
B. On July 1, 2015, the Plaintiff purchased the instant forest from the Defendant in KRW 30,000,000 (hereinafter “instant sales contract”) and paid KRW 5,000,000 to the Defendant the same day deposit.
C. The Plaintiff paid the remainder of KRW 25,000,000 to August 1, 2015, but failed to pay the remainder at any time.
On August 4, 2015, the Plaintiff paid KRW 17,000,000, which is a part of the Defendant and the remainder, at the office of a certified judicial scrivener in front of the Gwangju District Court.
On February 5, 2016, the Plaintiff deposited the remaining purchase price of KRW 8,000,000 with the Defendant as the principal deposit.
[Reasons for Recognition] Gap evidence 1, 2, Gap evidence 6, the purport of the whole pleadings
2. According to the foregoing facts finding as to the cause of the claim, the Defendant is obligated to implement the procedure for the registration of ownership transfer on July 1, 2015 with respect to the forest of this case to the Plaintiff.
3. Judgment on the defense
A. The summary of Defendant’s defense 1 did not pay the remainder KRW 25,000,000 on time.
The Defendant’s mother F prepared all documents necessary for the registration of transfer of ownership on August 4, 2015 to E judicial scrivener office. However, the Plaintiff’s mother G paid only KRW 17,00,000, which is part of the remainder, and the remainder of KRW 8,000,000 to be paid within 2,3 days, but did not comply with this undertaking.
On September 20, 2015, the Defendant’s mother F sent phone call to the Plaintiff’s mother G and notified the Plaintiff that “documents necessary for the registration of ownership transfer are already prepared. If the remainder is not paid by September 27, 2015, which is the tin, it will be deemed that the sales contract will be cancelled.” And G consented thereto.
However, until September 27, 2015, the Plaintiff did not pay the remainder of KRW 8,000,000.