beta
(영문) 제주지방법원 2020.11.30 2020가단61401

소유권이전등기

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The Plaintiff’s assertion that: (a) around October 2014, the Plaintiff purchased KRW 90,000,000 from the Defendant for the purchase of KRW 1322 square meters (hereinafter “instant land”); (b) on October 25, 2014, KRW 10,000 for the intermediate payment, KRW 10,000 for the intermediate payment, and KRW 10,000 for the remainder payment, respectively, shall be paid on November 15, 2014; and (c) on the remainder payment date, the Plaintiff agreed to later consult.

Since then, the Plaintiff and the Defendant agreed to increase the above purchase price in KRW 100,000,000, but the Defendant refused to implement the said contract to the Plaintiff.

Therefore, the defendant is obliged to pay KRW 100,000,000 from the plaintiff, and at the same time, to implement the registration procedure for ownership transfer of the land of this case.

Judgment

In light of the following facts and circumstances, it is insufficient to recognize that the evidence submitted by the Plaintiff alone was concluded between the Plaintiff and the Defendant as alleged by the Plaintiff, and there is no evidence to acknowledge otherwise.

The plaintiff's claim is without merit.

A sales contract (No. 2) submitted by the Plaintiff is not a typical sales contract form, and among the land subject to the sale and purchase stipulated in the above sales contract, the content of "collection" is stated as well as the content of "collection" on the land of this case, and there is no seal affixed by the Defendant or a seal affixed thereon.

The Plaintiff initially agreed on the purchase price of the instant land with the Defendant as KRW 90,000,000, and thereafter, asserted that the purchase price was increased to KRW 100,000,000.

However, in the above sales contract, the sales price of the instant land is KRW 100,000,000.

In light of this, it is doubtful whether the above sales contract is authentic or correct.

around December 4, 2013, the Defendant purchased the instant land in KRW 152,300,000, and around October 2014, the Defendant purchased the instant land. < Amended by Act No. 10090, Oct. 1, 2000>