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(영문) 부산지방법원 2018.09.19 2018가단302595
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts recognized;

A. On February 14, 1981, the networkF (hereinafter “the network”) borrowed KRW 16,000,000 from the Defendants (hereinafter “the instant loan”) and drafted each of the following agreements, letters, and pre-contracts for real estate trade:

On May 14, 1981, when the interest payment period of KRW 4 million was due on May 14, 1981, the above amount was specified in the above proviso and was borrowed as a weak part of the payment date of interest payment. However, even if the interest payment was made once, the agreement is reached that there is no objection, such as acquisition of real estate in the back of the ownership of the principal or disposal of such real estate in accordance with the purport of each letter submitted by the person himself/herself at the time of delinquency.

The purpose of this case is to say that the real estate is not registered on the above ground of 96 square meters in Young-gu G(Yando-gu, Busan Metropolitan City, 28 February 28, 1996, hereinafter “the real estate of this case”) of the Do-gu, Busan Metropolitan City (hereinafter “Yando-gu E”) (hereinafter “the real estate of this case”) in order for the principal to make provisional registration of the right to preserve the right to claim the transfer of ownership due to the purchase and sale reservation under his name, and to impose any tax on him at any time from the tax authorities in borrowing the above amount.

Article 1: The contractor for sale of real estate shall make a promise to sell the real estate of this case owned by him/her to the purchaser (the defendant) and the purchaser shall accept such promise.

Article 2:Purchase shall pay 16,00,000 won as the deposit money of this Agreement to the contractor for sale, and the contractor for sale shall have received the amount in advance.

Article 3:If the buyer pays the deposit money under the preceding Article and the amount of the damages agreed in advance between the parties to the contract by no later than May 14, 1981, this reservation shall be rescinded, and if the buyer fails to pay the said amount by the due date.

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