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(영문) 부산고등법원(창원) 2015.11.19 2015나21298
소유권이전등기
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall list the Plaintiff (Counterclaim Defendant) in attached Form.

Reasons

(a) consider both a principal action and a counterclaim;

A loan of KRW 260,00,000 is paid by a seller (a special agreement)(3) who succeeds to a loan before the balance is paid by the seller, and the unleased portion is deducted from the balance and then leased by the seller.

The current status of the lease in paragraph 7 is separately referred to in Appendix * completion of lease * 101 (200/33), 202 (100/45), 402 (1500/25) and 1502 (1500/25)* Unleased * (a seller shall set up and set up the following terms) 301 (1300), 302 (2) of 3rd floor 3000 (200/60), 3rd floor 303 (100/45), 401 (1800) of 4 story 1800).

A. As to the instant real estate on May 3, 2014, the Plaintiff and the Defendant are as follows: ① the sales price of the instant sales contract of KRW 1140,000,000 for the purchase price is as follows: ① the sales price of KRW 890,000 for the purchase price on May 3, 2014; ② the same day is as follows: (a) the purchase price of the sales contract of KRW 1140,000 for the purchase price; and (b) the loan certificate of KRW 250,000

② On July 25, 2014, at the same time, the execution and delivery of the procedure for the registration of ownership transfer of the instant real estate, and the sales contract, the main contents of which are as follows, was concluded (hereinafter “instant sales contract”).

B. On May 3, 2014, the Plaintiff paid KRW 30 million to the Defendant, on May 30, 2014, the remaining down payment of KRW 100 million on May 30, 2014, and KRW 190 million on August 6, 2014, based on the following calculations.

190 million won = KRW 1140 million in sales price - KRW 130 million in down payment - KRW 130 million in loan - KRW 280 million in loan 280 million in May 3, 2014, unlike the sales contract written on May 3, 2014, the actual loan is KRW 280 million in loan.

- Amount of KRW 20 million ( KRW 402,00,000 KRW 170,000 KRW 402,000 KRW 170,000 KRW 402,00 KRW 100 million following the conclusion of the instant sales contract on May 3, 2014) for the leased portion - Amount of KRW 340,000 KRW 30,000 KRW 130,000 KRW 3010,000 on the non-leased portion

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