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(영문) 부산지방법원 동부지원 2018.12.11 2018가단205263

소유권이전등기

Text

1. The defendant is based on the sale on June 29, 2004 with respect to the amount of 1494 square meters in Ulsan-gu, Ulsan-gu, Ulsan-do.

Reasons

1. Basic facts

A. On February 28, 1995, D acquired the pertinent land at the public auction procedure of Ulsan-gu Seoul, Ulsan-gu, 1494 square meters (hereinafter “instant land”). On April 2, 2003, D sold the said land to the Defendant on the same month after selling it.

4. The registration of ownership transfer was completed.

(2) In relation to the above transaction, the defendant made to D on April 8, 2003 a "written confirmation and written agreement" to the following purport:

(hereinafter “each of the instant agreements”). The instant land was registered for ownership transfer from D on April 2, 2003, but the Defendant had not paid the purchase price in full.

The purchase price has been determined by Liber million won, and will be paid until December 30, 2003.

However, if the purchase price is not paid within the above date, the defendant will bear the registration expenses and transfer ownership immediately in the name of D's instructions or the plaintiff.

As the Plaintiff and the Defendant did not perform their obligation to pay the price under the instant contract, on June 29, 2004, the Plaintiff drafted a sales contract on the instant land with the Defendant, and the main contents thereof are as follows.

(hereinafter “instant sales contract”). The Defendant (a) received 60 million won in lump sum (the special clause) from the Plaintiff or the Plaintiff’s instructions without delay to complete the registration documents for ownership transfer, and the Defendant cannot make any demand to the Plaintiff for the instant transaction.

[Ground for Recognition: Facts without dispute, each entry of Gap evidence 1 to 3 (including paper numbers), and whole purport of oral argument]

2. The assertion and judgment

A. 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 pursuant to the sales contract of this case to the plaintiff.

B. On the judgment of the defendant's defense, the defendant's right to claim the registration of ownership transfer under the above sales contract is ten years.