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(영문) 서울고등법원 2018.07.04 2017나2047442

소유권이전등기

Text

1. The plaintiff's appeal and the extended and added claims by this court are all dismissed.

2. After an appeal is filed.

Reasons

Basic Facts

A. On March 9, 2015, the Plaintiff and the Defendant concluded a sales contract (hereinafter “instant sales contract”) with the Plaintiff as the seller; the seller as the Defendant; the seller as the J-type 1,514 square meters of real estate for the purpose of sale; the sales price as KRW 2,858,250,000; and the sales price as KRW 2,858,250,000 of real estate for the purpose of sale (hereinafter “instant land”); and the down payment KRW 500,000,000, the remainder amount as KRW 2,358,250,000 at the time of the contract, was to be paid on July 31, 2015 (hereinafter “instant contract”).

The plaintiff paid 500,000,000 won to the defendant on the day of the contract.

B. At the time of the instant sales contract, the Plaintiff and the Defendant received the balance of the purchase price from the Plaintiff, and, at the same time, issued all documents necessary for the registration of ownership transfer to the Plaintiff, and agreed to cooperate in the registration procedure. The delivery date of real estate for sale purposes was set on July 31, 2015, and agreed on the following special terms and conditions, and attached the drawings, such as the drawings, as

1. The current state trading and area shall be the area on public account books;

(2) On the other hand, an occupant of the land shall be arranged under the seller’s responsibility. 1,860 square meters of the total share of the seller among the 1,514 square meters of the total area of 1,860 square meters as shown above, as shown in the separate drawing No. 4. The portion of the land indicated as “27.86 square meters (68.93 square meters)” shall be deducted and traded. 3. The amount shall be calculated according to the increase and decrease in the area of the co-owned land after the subdivision of the land at the time of the next 1,514 square meters of the total area of 1,860 square meters. 5. The seller shall, at the time of the buyer’s request, immediately transfer the documents necessary for the termination of the supply of electricity and the construction permit to the buyer (the amount included in the sale price). The name of the buyer may be changed depending on the circumstances of the buyer.