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(영문) 대구지방법원 2015.05.21 2014가합3409

소유권이전등기

Text

1. The defendant shall receive KRW 453,600,000 from the plaintiff, and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On February 28, 2014, B entered into a contract on behalf of the Plaintiff Company with the Defendant to purchase real estate listed in the separate sheet (hereinafter “Defendant factory”) from the Defendant for KRW 613,600,000 (hereinafter “instant sales contract”). On the same day, B entered into a contract on behalf of Nonparty C, D, and E to sell the land and buildings listed in the separate sheet (hereinafter “I real estate”) for KRW 1.2 billion on behalf of Nonparty C, D, and E (hereinafter “Defendant factory”).

B. The Plaintiff Company paid the Defendant the down payment of KRW 60 million to the Defendant on the day of the instant sales contract, and the Defendant also paid the down payment of KRW 70 million to C on the same day.

Plaintiff

Company for the same year

3. 25. The Defendant paid an intermediate payment of KRW 100 million to the Defendant.

C. Meanwhile, on March 3, 2014, the Defendant notified the cancellation of each of the above sales contracts to B, and the same year.

4. 16. 16. Deposit of KRW 90,000,000,000, which deducted the down payment of the I real estate sales contract from KRW 1.60,000,000, in total of the down payment and intermediate payment of the instant sales contract, as the money No. 660 of the Daegu District Court Branch Branch of Seogu District Court in 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including each branch number in case where there are branch numbers), Eul evidence Nos. 1 through 3, evidence Nos. 7 through 10, and the purport of the whole pleadings

2. The above-mentioned basic facts concerning the cause of the claim

(a).

According to Paragraph (1), barring any special circumstance, the defendant is obligated to implement the registration procedure for transfer of ownership on the defendant factory for the purchase and sale of this case. However, the above obligation is concurrent performance relationship with the plaintiff company's obligation to pay the remaining amount of KRW 453,600,000.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion 1 real estate building is an unauthorized building.

B does not inform the Defendant of such circumstances.