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(영문) 부산지방법원서부지원 2019.09.04 2018가단2767
소유권이전등기절차이행
Text

1. Defendant B:

A. Upon receiving KRW 3,00,000 from the Plaintiff, real estate stated in the attached Table to the Plaintiff at the same time.

Reasons

1. Facts of recognition;

A. Defendant B completed the registration of ownership transfer on July 4, 1986 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on July 3, 1986.

B. Defendant B prepared a power of delegation to Defendant C to the effect that “the sale and purchase of the instant real estate shall be delegated to Defendant C,” and issued a certificate of personal seal impression, a copy of resident registration, and a copy of the identification card issued on August 6, 2004.

C. On August 24, 2005, the Plaintiff entered into a sales contract with Defendant C to purchase KRW 80,000,000 among the instant real estate (hereinafter “instant first sales contract”) and agreed to pay KRW 10,000,000 for down payment and intermediate payment of KRW 10,000,000 on August 24, 2005, which is the date of the contract, as well as KRW 20 million on September 20, 2005.

On August 24, 2005, the date of the contract pursuant to the instant first sales contract to the account designated by Defendant C, the Plaintiff transferred KRW 20 million as the down payment and intermediate payment on August 24, 2005. On September 8, 2005, the Plaintiff paid KRW 37 million as well as KRW 7 million on October 14, 2005, respectively, for the remaining reasons.

E. On December 21, 2005, the Plaintiff concluded a sales contract with Defendant C to purchase the remainder of the instant real estate excluded from the primary sales contract (hereinafter “instant secondary sales contract”) at KRW 40 million.

F. On December 21, 2005, the date of the conclusion of the instant secondary sales contract, the Plaintiff, on December 21, 2005, repaid a debt of KRW 25 million, which Defendant C assumed to DD, in lieu of the payment of the said subrogated amount of KRW 25 million, to substitute for the payment of the purchase price pursuant to the said secondary sales contract. On January 26, 2006, the Plaintiff additionally paid KRW 5 million as the payment of the purchase price.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including a provisional number), the whole purport of the pleadings [Defendant B has no record of document No. 2-1 (a letter of delegation)].

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