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(영문) 부산지방법원 2017.07.20 2016나50808
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in the reasoning of the judgment of the court of first instance, in addition to being written or added as follows. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Nos. 15 and 16 are as follows. However, the defendant completed the registration of ownership transfer on April 22, 2015 to D, which purchased KRW 102,00,000 on June 3, 2014.

After December 1, 2015, the decision of provisional disposition in this case was revoked in the case of provisional disposition No. 2015Kadan6438, Busan District Court, and the registration of provisional disposition in this case was revoked on December 11, 2015.

Part 4, Part 17 (Reasons for Recognition) and Part 4, Part 13-1 and Part 13-2 shall be added, and the last entry shall be deleted.

2. The parties' assertion

A. Plaintiff E&C entered into the instant sales contract with the Plaintiff as a substitute for partial repayment of the construction price obligations against the Plaintiff. Since the sale price was fully appropriated as part of the construction price and the sale price was fully paid, the Defendant is obligated to implement the registration procedure for ownership transfer as to the remainder of 102, except for the Plaintiff’s sale to C among the instant commercial buildings pursuant to Article 27(2) of the Sales Management Trust Contract and Article 3(3) of the Special Agreement.

However, on April 22, 2015, the Defendant completed the registration of ownership transfer on the instant commercial building 102 to D, which led to the Defendant’s obligation to register ownership transfer on the instant commercial building 102 to the Plaintiff.

Therefore, the Defendant is obligated to compensate the Plaintiff for KRW 591,50,000, which is the value of supply in the sales contract for the instant shopping district 102, and the Plaintiff claims KRW 200,000, which is a part of the sales contract.

B. The instant sales contract of this case is merely a pre-contract of accord and satisfaction in order to secure the obligation for the construction cost to the Plaintiff of S&C. The Plaintiff was already completed.

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