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(영문) 제주지방법원 2019.09.18 2017나1301

원인무효로인한 소유권이전등 등기 말소

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On December 9, 2013, the Plaintiff and the Defendant drafted a sales contract stating that each of the instant real estate owned by the Plaintiff shall be KRW 130 million and sold to the Defendant.

The above sales contract was prepared under the lead of D, the main owner of the Eda, in which the defendant works, and the main contents thereof are as follows:

In the sale of each of the instant real estate in Article 2, the purchaser’s total amount of the purchase price with the payment of the purchase price as follows: KRW 130 million: The intermediate payment of KRW 30 million [payment on the date of the contract] intermediate payment of KRW 70 million [payment on December 25, 2013]: The remaining balance of KRW 30 million [payment on December 25, 2013]: The name of the land and building under Article 3 set forth on December 31, 2014 [payment on January 10, 201] shall be given to the purchaser all the documents that can change the name when the seller receives any balance.

B. According to the contents written in D, the Plaintiff, on its own hand, drafted the documents, such as the details of receipt of the total amount of real estate sales proceeds, receipts, delegations and guarantees, transfers and transfers, as follows, to the Defendant as of January 10, 2014.

The details of receipt of the total amount of real estate sales proceeds from Jeju Special Self-Governing Province: The total amount of KRW 130 million from the purchase and sale proceeds from Jeju Special Self-Governing Province: The intermediate payment of KRW 70 million from the purchaser on December 9, 2013 shall be fully verified at E business establishment to receive KRW 30 million from the purchaser on December 25, 2013; and the remainder of KRW 30 million shall be verified to receive KRW 130 million from the purchaser on January 10, 2014; the total amount of the real estate sales proceeds from the purchase and sale proceeds of this case; KRW 130 million from the purchaser on January 10, 2014; KRW 130 million from the purchaser on January 10, 2014; KRW 30 million from the date of the purchase and sale proceeds of Jeju Special Self-Governing Province; KRW 130 million from the purchaser on March 13, 2003; KRW 140,000.