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(영문) 부산지방법원 2018.01.11 2017가단318883
토지인도
Text

1. The counterclaim Defendant received KRW 155,000,000 from the counterclaim Plaintiff, and at the same time, Busan Jung-gu from the counterclaim Plaintiff.

Reasons

1. Facts of recognition;

A. On November 28, 2017, the counterclaims purchased 1/2 shares in the purchase price of KRW 175,000,000 among the attached Form No. 145.1 square meters in Busan Jung-gu D (hereinafter “instant real estate”).

(hereinafter “instant sales contract”). B.

The counterclaims agreed to pay KRW 20,000,000 out of the purchase price to the counterclaim Defendant as the down payment, and the remainder KRW 155,00,000,000, to be paid simultaneously with the execution of the procedure for ownership transfer registration of the instant real estate by the counterclaim Defendant.

[Reasons for Recognition] Unsatisfy, each entry in the evidence of Nos. 1 to 3

2. The allegations by the parties in the counterclaims filed a claim against the counterclaims for the performance of the procedure for the registration of ownership transfer of the instant real estate based on the instant sales contract, and the counterclaims have the defense of simultaneous performance of the unpaid balance.

3. According to the above facts of recognition, since the counter-party defendant's simultaneous performance defense is well-grounded, the counter-party is obligated to receive KRW 155,00,000 from the counter-party plaintiff, and at the same time to the counter-party, to implement the registration procedure for transfer of ownership on the one-half share of the instant real estate on November 28, 2017.

4. In conclusion, the counterclaim of this case is justified within the scope of the above recognition, and the remainder of the counterclaim is dismissed as there is no ground for appeal.

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