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(영문) 제주지방법원 2020.08.25 2018가단51326

소유권이전등기

Text

1. The plaintiff's claim against the defendant is all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 7, 2016, the Plaintiff and the Defendant concluded a sales contract with the Plaintiff: The Plaintiff, the seller, the Defendant, and the subject matter of sale: 3,497 square meters and sales proceeds: 1,925,270,000 won out of one parcel, area, and 34,489 square meters outside Seopo-si, Seopo-si.

B. On July 2016, the Plaintiff and the Defendant concluded a new sales contract as follows (hereinafter “instant sales contract”).

The actual purchase price: The Plaintiff: The actual purchase price shall be paid in KRW 1,545,270,000, down payment, KRW 200,000 for intermediate payment, KRW 400,000 on September 12, 2016; KRW 400,000 for intermediate payment; KRW 545,270,00,000 on October 12, 2016; KRW 545,270,00,000 for the remaining land, etc. (E) and KRW 34,489 square meters on a road: Provided, That the actual purchase price shall be paid in November 12, 2016, respectively. < Amended by Act No. 14317, Oct. 12, 2016; Act No. 1445, Oct. 5, 205, 270, 000>

C. At the time of the conclusion of the instant sales contract, the owner of D Forest land 34089 square meters (hereinafter “D forest before division”) was F. The Plaintiff and the Defendant completed the registration of transfer of ownership with respect to the forest land under the Defendant’s name, and completed the registration of transfer of ownership to the Plaintiff.

Before the partition on July 25, 2016, D forest was divided into 92 square meters of G forest, G forest, and C forest, 10746 square meters (hereinafter the above forest is specified as a parcel number) in Seopopo City. On the same day, the registration of ownership transfer was completed with respect to the above forest as a result of sale on July 1, 2016. On the same day, the registration of ownership transfer was completed under the Defendant’s name, which was based on sale on July 1, 2016, and on the same day, “debtor: Defendant: the mortgagee: H association, the maximum debt amount: KRW 730,00,

E. On the other hand, the instant sales contract was concluded through I's introduction, and I introduced the land of Jeju-do to the Plaintiff, a planning real estate business entity, and had relation to performing the registration affairs through a certified judicial scrivener designated by I, and operated the business with the Defendant or the Defendant representative director and the real estate development business.

F. The Plaintiff deposited the money indicated in the following table with the account in the name of K certified judicial scrivener designated by I (hereinafter “Plaintiff deposit amount”).