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(영문) 춘천지방법원강릉지원 2019.04.30 2018나32279

소유권이전등기

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1. The plaintiff (Counterclaim defendant) claims that the court reduces the amount against the defendant (Counterclaim plaintiff) and the defendant.

Reasons

1. Basic facts

A. On October 19, 2012, Defendant B reduced the area to 537 square meters according to the division into H, with the size of 1,316 square meters of D forest as of October 19, 2012 (the size of 779 square meters as of March 17, 2016).

hereinafter referred to as “D land”).

(2) On July 30, 2014, Defendant C completed the registration of ownership transfer on the 22th of the same month after purchasing KRW 50 million and completing the registration of ownership transfer on the 20th of the same month. Defendant C completed the registration of ownership transfer on October 6, 2014 with respect to E field 167 square meters (hereinafter “E”) due to consultation or division, and thereafter sold part of E land to I, J and K in sequence and owned 40/10 of E’s shares among E’s land.

B. On July 14, 2015, the Plaintiff prepared a sales contract with Defendant C, the father of Defendant B, with the purport that the Plaintiff would purchase “D land and E part of the land” from Defendant B in the purchase price of KRW 50 million (hereinafter referred to as “instant sales contract”).

2) The sales contract of this case contains the following: (a) the site area is “258 square meters; (b) the Defendant C is a broker; and (c) the Defendant C’s account number is indicated at the bottom.

3 At the time of the conclusion of the instant sales contract, three collateral security was established for D land with the maximum debt amount of KRW 52 million, KRW 36 million, and KRW 14 million.

C. The Plaintiff paid part of the purchase price under the instant sales contract to Defendant C’s account; KRW 5 million as the down payment on the date of the conclusion of the instant sales contract; KRW 20 million on July 30, 2015; and KRW 10 million on November 22, 2015, respectively, as the intermediate payment.

Accordingly, the remainder of 15 million won under the instant sales contract is unpaid.

The Plaintiff’s new construction of the Plaintiff’s building started the new construction on August 6, 2016 with a construction permit for a second-story detached house on D land, and registered ownership preservation on the said detached house in the name of the Plaintiff and G on April 6, 2017 after obtaining approval for use on April 4, 2017.