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(영문) 춘천지방법원 원주지원 2018.10.11 2017가단38227

소유권이전등기

Text

1. The defendant shall receive KRW 100,000,000 from the plaintiff, and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. recognised basic facts;

A. On July 1, 2016, the Plaintiff’s husband C concluded, on behalf of the Plaintiff, a sales contract with the Defendant to purchase part of the shares of the Defendant F forest land owned by the Defendant (hereinafter “instant forest”) at the E Licensed Real Estate Agent Office located in Gangseo-gun D, Gangwon-do, Seoul (hereinafter “instant sales contract”).

However, the sales contract (No. 2) prepared at the time includes 4298/38/38479 and 200 million won.

On the same day, Nonparty G entered into a contract with the Defendant to purchase 3306/3879 of the forest land of this case from the Defendant for the purchase price of KRW 200 million.

B. On July 4, 2016, the Plaintiff paid KRW 20,000,000 to each Defendant on July 20, 2016, and the intermediate payment of KRW 80,000,000 to each Defendant on July 4, 2016. Moreover, around April 20, 2017, the Plaintiff paid KRW 21,801,317 to the Defendant as the charge for civil construction works.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 3 (including a provisional number), Eul evidence 1, witness H and G testimony, and the purport of the whole pleadings;

A. I and the Defendant, the Plaintiff’s agent, agreed on the details of the sale and purchase, and prepared the sales contract of this case in accordance therewith. At the same time, the Defendant was paid KRW 100 million for the unpaid purchase price, and at the same time, the Plaintiff is obliged to implement the procedure for ownership transfer registration for shares of 4298/38 of the forest of this case as stated in the said

B. The Defendant’s assertion that the Plaintiff purchased only 3306/3879/38 of the forest of this case among the forest of this case at the beginning of the Defendant, but the Defendant voluntarily stated 4298/38/38 of the transaction share column in the sales contract, and omitted the land division cost from the Defendant without permission until the purchaser bears it.