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(영문) 부산지방법원 2019.11.01 2019나40833

소유권이전등기

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1. Revocation of the first instance judgment.

2. As to each real estate listed in the separate sheet:

A. Defendant B is from the Plaintiff 739.

Reasons

1. Basic facts

A. On September 25, 2017, the Plaintiff (Buyer) and the Defendant B (seller) concluded a sales contract with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) as follows (hereinafter “instant sales contract”).

On the same day, the Plaintiff paid 90 million won the down payment to the Defendant.

Real estate (housing) sales contract;

1. Indication of real estate: Real estate in this case;

2. Sales proceeds: Amount of KRW 910,000,000 in total: KRW 91,000,000 shall be paid and received at the time of the contract. Of the amounts, KRW 80,000 shall be paid and received at the time of the contract. Of the amounts, KRW 80,000 shall be paid on November 3, 2017.

Balance: 739,00,000 won shall be paid on December 28, 2017.

Article 5:Before the buyer pays the intermediate payment to the seller, the seller may reimburse the down payment, and the buyer may waive the down payment and rescind this contract.

Community Credit Cooperatives: D, B

B. On November 6, 2017, Defendant B concluded a sales contract to sell the instant real estate amounting to KRW 1.026 billion with the G Regional Housing Association (hereinafter “instant sales contract”).

On the same day, the Plaintiff received the full amount of the purchase price from the said partnership, and completed the provisional registration of the right to claim the transfer registration of ownership in the name of Defendant C on November 7, 2017, which was based on the pre-sale agreement (hereinafter “provisional registration of this case”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 2, Eul evidence Nos. 8 and 9, the purport of the whole pleadings

2. The plaintiff's assertion

A. Defendant B, upon receiving the remainder of KRW 739 million from the Plaintiff according to the instant sales contract, is obligated to implement the registration procedure for ownership transfer of the instant real estate to the Plaintiff at the same time when Defendant B received the remainder of KRW 739 million from the Plaintiff.

B. The purchaser of the 2nd sales contract against Defendant C was the G District Housing Association, and the provisional registration was completed under Defendant C’s name. This is due to a three-party title trust, and is registered in the name of the actual right holder of the real estate.