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(영문) 서울북부지방법원 2018.04.05 2017가합26021

소유권이전등기

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1. The Defendant received KRW 450,000,000 from the Plaintiff at the same time, and simultaneously received the payment from the Plaintiff:

(a)each entry in the separate sheet;

Reasons

1. Basic facts

A. On April 18, 2016, the Plaintiff and the Defendant concluded a contract with the Plaintiff to sell each real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) for KRW 900 million. The Defendant agreed to receive the balance from the Plaintiff and provide the Plaintiff with documents necessary for the transfer of ownership at the same time.

B. On April 18, 2016, the Plaintiff paid KRW 90 million to the Defendant as the down payment, and KRW 360 million as the intermediate payment on May 13, 2016.

C. On February 15, 2017, the Plaintiff and the Defendant delayed the payment date of the remainder as of June 30, 2017, and on the same day, the Defendant provided the Plaintiff with necessary documents for the transfer of ownership at the same time as the payment of the remainder is made.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The judgment of this Court

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to receive KRW 450 million, which is the remainder of the sales contract, from the Plaintiff, and at the same time perform the procedure for ownership transfer registration for the instant real estate on April 18, 2016, and to deliver the instant real estate to the Plaintiff, except in extenuating circumstances.

B. The defendant's assertion 1 argues to the purport that since the area on the cadastral record of the real estate of this case differs from the actual area, the purchase price should be calculated again according to the result of the survey.

However, barring special circumstances, the sale and purchase of land shall be deemed to be subject to the sale and purchase of land, regardless of the actual boundary, which is determined by the boundary of the public cadastral book and by the cadastral record, regardless of the actual boundary, such as where the trading party is not an intention to trade the land, the scope of ownership of which has been determined by the cadastral record, but the fact that the land was