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(영문) 제주지방법원 2020.11.18 2019나15120
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

On July 30, 2018, the Plaintiff entered into a sales contract with the Defendant to purchase a certain area of approximately 500 square meters (hereinafter “instant sales contract”) with a map of the area of 3,696 square meters in Seopopopo City prior to the subdivision, which is owned by the Defendant, prior to the subdivision.

The instant sales contract states that the purchase price is “three million won” and that the down payment is three million won on the date of the contract, the intermediate payment of ten million won on August 17, 2018, and the remainder settled according to the measured area is paid on October 29, 2018.

On August 1, 2018, the Plaintiff paid KRW 10 million to the Defendant on August 1, 2018, and KRW 17 million on August 17, 2018. On August 20, 2018, the Defendant signed a receipt stating that “I will issue the receipt,” and then issued the receipt to the Plaintiff, signed on August 20, 2018.

On November 12, 2018, the size of 3,696 square meters prior to Seopo-si D was divided into 500 square meters prior to Seopo-si, Seopo-si (hereinafter “instant real estate”) and 3,196 square meters prior to Seopo-si, Seopo-si.

[Ground of recognition] The plaintiff's assertion of the parties to the dispute as to Gap's evidence Nos. 1, 3, 4, and 7, and the purport of the whole argument is that the plaintiff is obligated to implement the procedure for registration of ownership transfer of the real estate of this case, since the plaintiff paid the purchase price to the defendant in full.

At the time of the Defendant’s assertion, the Plaintiff believed that the Plaintiff would not pay capital gains tax to the Plaintiff at the time of the instant sales contract, and prepared a written contract causing KRW 30 million, and the purchase price for the instant real estate is KRW 120 million.

Until now, since the purchase price received by the Defendant is KRW 50 million, the Plaintiff’s claim can be accepted before receiving KRW 70 million in remaining purchase price.

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