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(영문) 광주지방법원 2018.10.16 2017가단523707

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 12, 2015, the Plaintiff entered into a sales contract with the Defendant with respect to the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) as follows (hereinafter “instant sales contract”).

O. Purposes of this contract: The purpose of this contract is to prescribe the rights and duties relationship between the plaintiff and the defendant in purchasing all the land subject to the project including the real estate in this case owned by the defendant and promoting the establishment of

O The sales price of the instant real estate shall be KRW 310,00,000, which shall be determined as the sales price of the instant real estate, and KRW 31,000,000,000 shall be paid to the Defendant when the Plaintiff’s seal more than 90% of the total area of the project site is affixed, and the remainder KRW 279,00

O The defendant shall provide three copies of the written consent to land use and a certificate of seal impression to the plaintiff when paying the down payment.

When depositing down payment, a principal contract for real estate for reporting actual transactions shall be separately prepared.

B. On July 8, 2015, the Plaintiff transferred total of KRW 31 million and KRW 10 million to the Defendant’s bank account by dividing into two occasions on July 8, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, the whole purport of pleading

2. The parties' assertion

A. Since the instant sales contract, which causes the Plaintiff’s claim, became effective by paying part of KRW 10,00,000 for down payment of KRW 31,000,000 and intermediate payment on July 8, 2015, the said sales contract became effective, the Defendant is obligated to implement the registration procedure for ownership transfer of the instant real estate for the reason of the said sales contract at the same time with the Plaintiff’s payment of KRW 253,00,000 (=310,000,000 - 41,000,000 - KRW 16,00,000 for services to be refunded to the Defendant).

B. The defendant asserts that the contract of this case is null and void with the following arguments, and thus, the defendant does not bear the duty of the plaintiff's assertion.

1. False indication of conspiracys.