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(영문) 인천지방법원 2016.09.09 2015가합56693
소유권이전등기
Text

1. The Defendant is limited to the Plaintiff’s sale on June 4, 2015 with respect to the real estate indicated in the attached list.

Reasons

1. Determination as to the cause of claim

A. On June 4, 2015, the Plaintiff is entitled to each real estate listed in the separate sheet No. 1, which is farmland (attached Form No. 1) between the Defendant and the Defendant (hereinafter “instant real estate”).

() There is no dispute between the parties as to the fact that part of the road shares in the instant real estate in Jung-gu Incheon Metropolitan City, which is a part of the share in the road of the instant real estate, states that “D” is mistakenly indicated in the original object of sale or the real estate sales contract (Evidence A A No. 1) between the Plaintiff and the Defendant, and accordingly, the Plaintiff corrected the purport of the instant claim as “C”. As to the Plaintiff, the purchase price is KRW 325 million (the contract deposit is KRW 75 million and the balance KRW 250 million). The down payment is to be paid on the date of the contract, and the remainder is to be paid each by the method of acquiring the existing collateral security debt (250 million) established on the instant real estate by the Plaintiff, the buyer, and the transfer registration of ownership is to be made simultaneously with the payment of the down payment on the day of the contract (hereinafter “instant contract”).

(2) The Plaintiff paid 75 million won the down payment to the Defendant on the day of the contract pursuant to the instant contract, but failed to complete the registration of ownership transfer on the day of the contract due to the Plaintiff’s lack of qualification certificate for acquisition of farmland.

(B) On July 8, 2016, the Plaintiff was issued with the qualification certificate for acquisition of farmland on July 8, 2016 (based on the recognition) / [the ground for recognition] of absence of dispute, entry of Gap Nos. 1, 2, and 18 (including the additional number; hereinafter the same shall apply] of each

B. According to the above facts of determination, the Defendant, a seller of the instant real estate, is obligated to implement the registration procedure for transfer of ownership based on sale on June 4, 2015 under the instant contract to the Plaintiff, the buyer, barring any special circumstance.

2. On June 29, 2015, the Plaintiff’s assertion regarding the Defendant’s assertion is KRW 150 million, which is a distribution of the down payment of the instant case, around June 29, 2015, prior to the filing of the instant lawsuit.

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