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(영문) 부산지방법원 동부지원 2017.02.22 2016가단206767
소유권이전등기
Text

1. The defendant shall receive KRW 334,000,000 from the plaintiff, and at the same time real estate stated in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into each purchase and sale contract with the Defendant, and with respect to the real estate No. 1 and No. 2 as indicated in the separate sheet No. 3 as indicated in the separate sheet (hereinafter “instant real estate”) with the Defendant, with respect to the real estate No. 361 as indicated in the separate sheet (hereinafter “instant third real estate”), and with respect to the real estate No. 3 as indicated in the separate sheet (hereinafter “instant third real estate”), and remitted to the Defendant KRW 16 million in total as the down payment (hereinafter “instant purchase and sale contract”).

B. According to the instant sales contract, the Plaintiff shall pay the remainder of KRW 15 million on December 11, 2015, and KRW 50 million on January 23, 2016, and shall pay the remainder of KRW 216 million on March 30, 2016, and shall pay the remainder of KRW 8 million on March 30, 2016. The remainder of KRW 3 real estate in the instant case ought to be paid on March 30, 2016.

C. On January 27, 2016, the date of payment, the Plaintiff did not pay part payments, and transferred KRW 20 million to the Defendant using the account in the name of part payments C as part payments.

On January 28, 2016, the Defendant sent to the Plaintiff, “On January 28, 2016, the Defendant notified the Plaintiff of the rescission of the instant sales contract through a real estate intermediary on January 26, 2016.”

E. On February 22, 2016, the Defendant deposited KRW 20 million with the deposited person C, on the ground that the Plaintiff transferred KRW 20 million, which was only a part of the intermediate payment despite the cancellation of the instant sales contract.

(Reasons for Recognition) The fact that there is no dispute over the same branch court of Busan District Court, No. 313. [Ground for Recognition], Gap's entries in subparagraphs 1 through 3, Eul's 1, 2 and 4, and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the plaintiff entered into the sales contract of this case, and the defendant moves into the first and second real estate of this case.

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