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(영문) 대구지방법원 2015.04.09 2015가합551

소유권이전등기

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1. On May 30, 2012, the Defendant: (a) on each real estate listed in the separate sheet to the Plaintiff, the Daegu District Court Doldong registry office.

Reasons

1. Facts of recognition;

A. On May 25, 2012, the Plaintiff entered into a pre-sale agreement with the Defendant to purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) for KRW 50,000,000 (hereinafter “instant pre-sale agreement”) and completed the provisional registration of the right to claim ownership transfer registration based on the instant pre-sale agreement on May 30, 2012.

B. In the instant promise to sell and purchase, ① the buyer pays the said purchase price to the seller at the seller’s domicile, without fixing a period of time, at the seller’s domicile (Article 1); ② the buyer pays 300,000,000 won to the seller at the time of the formation of the instant contract and at the same time pays the seller the purchase price to the seller at the same time as the deposit for the formation of the instant contract, and the seller receives it; and the deposit money under the instant provisions at the time of the full payment of the contract is part of the purchase price.

(Article 4) The decision was made.

C. Meanwhile, on October 24, 2007, the Plaintiff paid KRW 200,000,000 to the Defendant as part of the purchase price, and paid KRW 100,000,000 to the Defendant on June 21, 2012, and paid all the deposit money under Article 4 of the above trade reservation.

On November 8, 2007, the Plaintiff lent KRW 50,000,000 to the Defendant. On December 30, 2014, the Plaintiff offseted the remainder of KRW 50,000,000 against the remainder of the loans, and remitted the remainder of KRW 200,000,000 to the Defendant’s account.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendant is obligated to implement the registration procedure for transfer of ownership on the ground that the Plaintiff expressed his/her intent to complete the reservation with the transfer of the remaining amount upon the provisional registration of this case with respect to the instant real estate on December 30, 2014.

3. The Defendant’s decision on the Defendant’s assertion is that the Plaintiff expressed its intent to complete the instant trade reservation.