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(영문) 의정부지방법원 2016.08.18 2015나1100

소유권이전등기

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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above revoked part is revoked.

Reasons

1. Presumed facts

A. On March 7, 1992, the Plaintiff and D purchased from the Defendant the instant forest and the 13,884 square meters of forest land E, Gangwon-gun, Gangwon-gun, in the purchase price of KRW 43,00,000,000, the Plaintiff and D agreed to pay the remainder of KRW 11,000,000 at the time of the contract each at the end of April 15, 1992.

(hereinafter “instant sales contract”). B.

The plaintiff, D and the defendant set forth the terms of the contract of this case as follows.

1. Of the down payment, cash KRW 3,00,000 and KRW 29,000 for the “F-Lease apartment 19,1401, Dong-dong Y apartment-dong Y apartment-dong Y apartment-dong 519,1401” (hereinafter “lease apartment-dong 519,1401”) are included. 2. The forest of this case is acquired by the Plaintiff; the forest of this case is acquired by the Plaintiff; the forest of this case shall be acquired by the Plaintiff in KRW 13,00,000; the forest of this case shall be acquired by the Plaintiff in KRW 13,00,000 and KRW 13,00,000 and KRW 43,000 for the acceptance price of D; the difference between the total purchase price of KRW 43,00,000 and KRW 43,0000 shall be shared by the Plaintiff and the Plaintiff.

3. The transfer of registration takes the responsibility of the seller.

4. The forest land of this case is to be separated and transferred to the plaintiff, and the forest land of this case E is to be separated and transferred to D in the future.

An entry in Overall shall be a part added by this Court. [Grounds for recognition] No dispute, entry in Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings.

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to implement the registration procedure for transfer of ownership based on the instant sales contract with respect to the forest of this case to the plaintiff, barring special circumstances.

3. Judgment on the defendant's defense

A. The gist of the assertion is that the Plaintiff only paid the Defendant a cash of KRW 3,000,000 on the day of the contract in accordance with the instant sales contract, and did not pay the remainder of the down payment or the remainder, or transferred the ownership of the instant leased apartment in lieu of the payment thereof.

Accordingly, the defendant's service of the legal brief dated September 22, 2015 as the plaintiff's above.