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(영문) 광주고등법원 2015.11.27 2015나969
소유권이전등기
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall receive KRW 520,000,000 from the plaintiffs.

Reasons

1. Under the basic facts, Plaintiff A is a person operating a real estate brokerage office, and D is a person who, as the defendant's children, worked in a white real estate company as a representative director of Q Q for the purpose of real estate-related work, and the plaintiff A and D are known to each other.

On October 25, 2013, the Plaintiffs (Divisions) indicated in the separate list of the real estate owned by the Defendant (the actual owner is D) (hereinafter “each of the instant real estate”, and specified by the sequences when indicated individually) between D and D representing the Defendant on October 25, 2013, the third real estate of this case is indicated as the third floor on the registry, but the first floor is extended to the fourth floor without permission.

The sales contract was concluded to purchase the purchase price of KRW 740 million (hereinafter “instant sales contract”), and the down payment was paid KRW 52 million to D on the same day.

The contents of the instant sales contract are as follows.

2. The sales amount of KRW 740 million in the terms of the contract shall be paid at the time of the contract and the balance of KRW 688 million in receipt shall be paid until December 5, 2013.

Article 2 (Transfer, etc. of Ownership) The defendant of the seller refers to the purchaser at the same time as the balance of the purchase price is received.

에게 소유권이전등기에 필요한 모든 서류를 교부하고 등기절차에 협력하며, (생략) <특약사항> ① 매도자는 ㉠ 가압류(E), ㉡ 압류(여수시 세무과 301118), ㉢ 여수세무서 부가소득과 8034, ㉣ 근저당 여천농협(제11123)은 잔금지급 전에 해제키로 한다.

(2) The purchaser of the fourth floor (1/2), third floor, and first floor lease contract currently in lease shall be submitted immediately after concluding a contract.

(3) If a lessee and a purchaser become aware of a re-contract, the purchaser shall terminate the contract and the seller shall be liable to deliver leased real estate without premium.

(4) The fourth floor of the above real estate building shall be the same.

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