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(영문) 대전지방법원홍성지원 2015.11.24 2015가단5156

소유권이전등기

Text

1. Defendant B is based on the sale and purchase on January 11, 2013, with respect to the forest land D 31,631 square meters in Bocheon-si, the Plaintiff.

Reasons

1. Basic facts

A. On January 11, 2013, the Plaintiff entered into a sales contract for 31,631 square meters of land D (hereinafter “instant real estate”) with Defendant B (hereinafter “instant sales contract”). On January 11, 201, the Plaintiff agreed to pay KRW 50 million out of the purchase price of KRW 240 million on the date of the contract, and to pay the remainder KRW 190 million on the date of the contract, and to pay the amount equivalent to the difference between the remainder and the remainder by April 10, 2013.

B. At the time of the conclusion of the instant sales contract, the Plaintiff and Defendant B paid any balance (on the basis of this, any balance shall be KRW 34 million) on the premise that the instant loan obligation is KRW 156 million; however, the Plaintiff and the instant loan obligation was subsequently settled after checking the actual loan obligation, and thereafter, the actual balance of the instant loan obligation was confirmed as KRW 133 million (if based on this, any balance shall be KRW 57 million).

C. At the time of the conclusion of the instant sales contract, the month of January 2013, which was the month when the contract was entered into, stipulated in the special agreement that was the monthly interest on the instant loan obligations, to be borne by the seller and the buyer respectively since February 2013, and accordingly, the Plaintiff remitted to Defendant B, as the interest on the instant loan obligations, KRW 6.5 million on February 15, 2013, KRW 6.50 million on March 13, 2013, KRW 6.50 million on March 13, 2013, KRW 30 million on April 11, 2013, KRW 80,000 on April 17, 2013, and KRW 600,000 on May 24, 2013, respectively.

On April 11, 2013, the date following the balance under the instant sales contract, the Plaintiff prepared and delivered to Defendant B a written statement of payment stating that he/she would transfer KRW 34 million to Defendant B as the balance of the instant sales contract, and that he/she would pay KRW 25 million by April 26, 2013 on the same day.

E. On April 15, 2013, Defendant B completed the registration of ownership transfer of this case in the name of title trust E with respect to the instant real estate on April 15, 2013, and the Plaintiff on April 2013.