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(영문) 광주지방법원 2019.06.25 2018가단524936

소유권이전등기

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1. At the same time, the Defendant received KRW 286,00,000 from the Plaintiffs:

A. Plaintiff among the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On May 4, 2018, Plaintiff B, who represented by Plaintiff A, concluded a sales contract with the Defendant to purchase the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) on May 4, 2018, and agreed that Plaintiff A may designate a subsequent one person as the buyer and claim for each share.

(hereinafter “instant sales contract”). B.

In the contract of the instant sales contract, the sales price shall be KRW 180 million and the down payment shall be KRW 10 million on the date of the contract, and the remainder KRW 170 million on the date of the contract, and the payment shall be made on June 25, 2018.

(c).

In addition, on the day of the instant sales contract, the Plaintiff A and the other parties to the Plaintiff entered into a special agreement to pay the Defendant the premium of KRW 95 million in addition to the purchase price stated in the sales contract. The phrase “The premium for KRW 180 million in the instant real estate purchase price shall be KRW 95 million to the seller, and the amount of capital gains tax exceeding KRW 180 million shall be KRW 100 million to the seller later, and the premium shall be KRW 130 million (Article 1-2 of the evidence, Paragraph 6 of the premium transfer contract, and the special agreement of this case; hereinafter the same shall apply) to the seller.”

Plaintiff

A paid the Defendant the down payment of KRW 10 million on the day of the instant sales contract.

E. On June 25, 2018, Plaintiff A paid the Defendant KRW 14 million, which is part of the remainder.

F. On June 28, 2018, Plaintiff A deposited 156 million won as the remainder of the purchase price (hereinafter “the instant repayment deposit”) on the condition that the deposited person is the Defendant and the terms and conditions in return are “providing all documents necessary for the registration of ownership transfer after the cancellation of the right to collateral security with respect to the instant real estate.”

G. Plaintiff A further designated the buyer as Plaintiff B, and Plaintiff A decided to purchase 9/10 of the instant real estate, and 1/10 of the Plaintiff B’s share.

[Reasons for Recognition]