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(영문) 창원지방법원 2014.03.11 2013가단15428
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 16, 2012, the Plaintiff concluded a sales contract with the Defendant to purchase the instant real estate owned by the Defendant from the Defendant for KRW 260,000,000 (hereinafter “instant contract”).

In order to reduce taxes at the time of the conclusion of the instant contract, the Plaintiff and the Defendant prepared a sales contract stating that KRW 30,000,000,000 shall be paid simultaneously with the contract and shall be paid at the same time from December 15, 2012 to January 15, 2013, and the remainder of KRW 60,000,000 shall be paid at the date agreed upon by both parties during the period from January 15, 2012 to January 15, 203, and drafted a certificate of loan in the name of the Plaintiff as of January 15, 2013.

B. The Plaintiff paid KRW 30,000,000 to the Defendant on the date of entering into the instant contract, and paid KRW 20,000,000 as part of the purchase price on November 30, 2012.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 4 (including additional number), Eul's testimony, the purport of whole pleadings

2. According to the above facts finding as to the cause of claim, the Defendant is obligated to implement the procedure for ownership transfer registration for the instant real estate based on the instant contract, at the same time receiving the remainder of the purchase price from the Plaintiff pursuant to the instant contract (=260,000,000-30,000-20,000,000), except in extenuating circumstances.

(3) The Plaintiff asserted that the remainder of the purchase price is KRW 150,000,000. However, since the purchase price stipulated in the instant contract is KRW 260,000,000, the remainder of the purchase price is KRW 210,000.

A. The defendant defense that the defendant rescinded the contract of this case because the plaintiff did not perform his obligation to pay the balance under the contract of this case.

B. (1) Determinations. (1) Facts of recognition are as follows: Gap evidence Nos. 1, 10, Eul evidence Nos. 1, 2, and 6 through 8, and the purport of the entire pleadings as a whole in witness C’s testimony.

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