(영문) 부산지방법원 2015.10.20 2015가단19281

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(영문) 부산지방법원 2015.10.20 2015가단19281

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 30, 2005, the basic facts were determined to purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendant from the Defendant (hereinafter “instant real estate”) within KRW 153,00,000, the down payment amount of KRW 15,300,000, and the remainder amount of KRW 15,30,000, within five months from the date of the payment of the down payment (hereinafter “instant sales contract”). At that time, the Defendant paid the down payment of KRW 15,30,000,000 to the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 (including provisional number), purport of whole pleadings

2. The assertion and judgment

A. 1) The Defendant received down payment after concluding the instant sales contract with the Defendant, and received the down payment. The Plaintiff’s status based on the instant sales contract was transferred in sequence to the Plaintiff in order, the Dozp C, Dozp-based Traz-based, C, Dop-based Construction, and the Plaintiff. Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on the real estate listed in the separate sheet to the Plaintiff at the same time as the Plaintiff received sales payment from the Plaintiff. (2) Defendant 1 agreed that the instant sales contract would become null and void, on the grounds that LAC and C did not pay the remainder by December 31, 207 with the Defendant, and LAW did not pay the remainder. Accordingly, the instant sales contract became null and void, and the said down payment was also waived.

② The Plaintiff is not the purchaser of the instant contract, since the status of the obligee was transferred to SPC, and the status of the purchaser was not transferred according to the instant sales contract.

③ Change of the purchaser of the instant sales contract from west L&C to the Plaintiff is null and void as it is based on the title trust agreement, and even if not, it is not so.

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