(영문) 전주지방법원 남원지원 2018.10.24 2017가단11880

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 남원지원 2018.10.24 2017가단11880

소유권이전등기

Text

1. The defendant shall receive KRW 18 million from the plaintiff at the same time, and at the same time the plaintiff shall be paid KRW 364m2 and 5m2.

Reasons

1. The parties' assertion

A. On August 24, 2017, the Plaintiff and the Defendant concluded a sales contract (hereinafter “instant sales contract”) with the Defendant to purchase each real estate listed in the Disposition No. 1 (hereinafter “each of the instant real estate”), and the Plaintiff, from that time to September 22, 2017, paid KRW 92 million out of the purchase price stipulated in the instant sales contract to the Defendant by September 22, 2017.

Since then, the Plaintiff paid KRW 18 million to the Defendant, and completed the registration of ownership transfer with respect to each of the instant real estate. However, the Defendant asserted that the purchase price of the instant sales contract is KRW 14784,00,000, and did not execute the registration of ownership transfer.

Therefore, at the same time, the Defendant received KRW 18 million from the Plaintiff (i.e., KRW 110 million - KRW 92 million) for each of the instant real estate from the Plaintiff, and at the same time, shall implement the procedure for the registration of ownership transfer for each of the instant real estate on August 24, 2017 to the Plaintiff.

B. The fact that the instant sales contract was concluded by the Defendant is recognized.

However, since the purchase price of the instant sales contract is KRW 14,7840,000,000, the purchase price that the Plaintiff is obligated to pay to the Defendant is KRW 5,5840,00 (=10,7840,000 - KRW 92 million).

2. The absence of dispute and the fact that the sales contract of this case was concluded between the parties does not conflict, and the plaintiff and the defendant only dispute the sales amount of the sales contract of this case.

Therefore, the key issue of this case is whether the purchase price of this case is 10 million won or more recognized by the Plaintiff, or not.

3. Determination

A. In full view of the statements or images of Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 to 3, and the purport of the whole pleadings as to witness E’s testimony, the following circumstances are recognized:

① The Defendant, a seller of the instant sales contract, exceeds KRW 110 million.

유사 판례

-광주지방법원 2017.02.08 2016가단502307

-광주지방법원 2019.01.09 2018나54704

-춘천지방법원 2017.03.21 2016가단3891

-대구지방법원 2014.01.24 2013노576

-제주지방법원 2016.11.16 2016나271