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(영문) 대전지방법원천안지원 2016.11.29 2015가단15579
소유권이전등기절차이행
Text

1. The defendant (Counterclaim defendant, the appointed party) and the appointed party C attached Form No. 1

2. The description of the real estate list; and

Reasons

1. Basic facts

A. On March 11, 2015, the Plaintiff and the designated parties C are attached to the attachment owned by the Defendant, between the Defendant and the Defendant.

1. Each real estate indicated in the list (hereinafter referred to as “Defendant’s exchange real estate”) and the attached Form C owned by the Plaintiff and the Appointed C;

2. Each real estate listed in the list (hereinafter “Plaintiff-Exchangeed Real Estate”) is exchanged, and due to the difference in exchange, the Plaintiff paid 150,000,000 won to the Defendant, and the Defendant entered into an exchange contract with the terms that the Defendant wishes to lease the second floor of the Defendant-Exchangeed Real Estate amounting to KRW 100,000,000 from the Plaintiff as lease deposit (hereinafter “instant exchange contract”).

The contents of the exchange articles stated in the instant exchange contract are as follows.

The Plaintiff’s exchange of goods is 345.4m2, 612m2, 200,000,000,000 won for the Plaintiff’s exchange goods located in Seo-gu, Seodong-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City) in the location of the goods for which the Defendant’s exchange goods are located, and is located, Seo-gu, Seo-gu, Incheon Special Metropolitan City, E, F, G, H exchange goods, 96m2, building 1,092m2, loan amount of KRW 20,000,000,000,000,000 won per annum, tax in the attachment ceiling, 380,000 won per annum,

B. The Plaintiff paid 15,000,000 won to the Defendant on the day of the instant exchange contract.

C. After entering into the instant exchange contract, the Defendant visited the Plaintiff’s exchanged real estate to grasp the occupancy and building conditions, and confirmed that there was a part different from the Plaintiff’s explanation at the time of entering into the instant exchange contract. On April 20, 2015, the Defendant drafted a written confirmation as follows (hereinafter “instant confirmation”).

1. The above contract shall pay the balance of KRW 35 million by April 30, 2015 and shall be registered to C and A by the first page of Seo-gu, Seoan-gu, Seoan-gu (the title "the defendant's exchange of real property").

2. On April 30, 2015, the sole owner of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon shall lease the full-time tax of KRW 70 million to B and J.

3. The former K studio (referring to the Plaintiff-exchangeed real estate).

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