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(영문) 대구지방법원서부지원 2014.06.26 2013가단28852

소유권이전등기절차이행

Text

1. The defendant shall receive KRW 335,520,00 from the plaintiff and at the same time, set forth in the attached list 1 through 6 to the plaintiff.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in Gap evidence Nos. 1 to 5, 8, 11, and 12 (including the whole of the statements with a serial number).

On October 26, 2012, the Plaintiff entered into a sales contract with the Defendant to purchase approximately KRW 910 square meters of two lots of housing site for electric source (hereinafter “instant sales contract”) located in Daegu-gun, Daegu-gun, the ownership of which was 4093 square meters (hereinafter “land before division”), and paid the Defendant the down payment of KRW 50 million on the date of the contract:

The purchase price shall be KRW 430 million (the contract amount of KRW 50 million, the intermediate payment of KRW 100 million, the remainder of KRW 280 million, and the remainder of KRW 200 million).

The payment date of the intermediate payment shall be November 15, 2012, and the payment date of the remainder shall be determined as January 30, 2013, and the payment of remainder shall be made in installments and after road works are completed.

Upon receiving any balance of the purchase price, the defendant shall deliver all documents necessary for registering the transfer of ownership to the defendant and deliver transactional real estate to the defendant.

The right to collateral security on the object of the instant sales contract, which was established on the land before subdivision, shall be terminated simultaneously with the payment of any balance.

After the completion of the division of land before the division, there may be an increase or decrease in the area, and in such cases, the increased or decreased part shall be adjusted by converting it at an ordinary price.

B. On November 15, 2012, the Plaintiff remitted part of the intermediate payment to the Defendant as part of the intermediate payment, and KRW 30 million as part of the intermediate payment on April 2, 2013.

C. On September 3, 2013, the land before subdivision was registered as each of the real estate listed in the separate sheet Nos. 1 through 10 (hereinafter “each of the instant real estate”). Among them, the registration of establishment of mortgage was completed on the real estate listed in the separate sheet Nos. 1 through (6) of the Daegu District Court, No. 72383, Dec. 28, 2006, the maximum debt amount of KRW 1.82 billion was received on December 28, 2006, and the debtor, the defendant, and the mortgagee-mortgage Co., Ltd., Ltd. (hereinafter “the instant real estate”).