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Reasons
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(영문) 서울북부지방법원 2018.02.23 2017가단123680
소유권이전등기
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1. On May 10, 2017, the Defendant made a sale of real estate indicated in the attached Form to the Plaintiff.

Reasons

1. Facts of premise;

A. (1) On July 18, 2015, the Defendant paid to the Plaintiff KRW 200,000,000 as lease deposit to the real estate owned by the Defendant (hereinafter “instant apartment”) and leased the lease term as of September 17, 2015 to September 19, 2017.

The Defendant, who was entrusted with sale by the Defendant, agreed to sell the above apartment to the Plaintiff, and agreed to the down payment, intermediate payment, and the balance amount. Accordingly, the Licensed Real Estate Agent D prepared a sales contract and agreed to the terms and conditions of the contract with C on May 10, 2017.

Referencely, D notified C that “The contract amount shall be KRW 10,00,000,00, and the intermediate payment shall not be rescinded when the intermediate payment is paid, and as a substitute for the payment of intermediate payment, the intermediate payment shall be made on May 10, 2017.”

•C did not raise an objection to the above matters, and it was late on June 12, 2017 only on the remainder payment date, and it was found that D was defective by preparing a new contract with the remainder payment date changed only.

(v) the Plaintiff’s wife remitted KRW 10,00,000 to the Defendant’s account on the day of the said telephone conversation, and also remitted the property tax of KRW 100,000 to the Defendant’s account at the Defendant’s request. On the other hand, the remainder payment date was determined on July 6, 2017.

⑹ 이에 D은 원래의 매매계약서상 잔금지급기일만을 2017. 7. 6.로 수정하여 매매계약일이 2017. 5. 10.인 아래 내용의 매매계약서(이하 ‘이 사건 계약서, 이 사건 계약’ 등으로 약칭한다)를 작성하였다.

Sales amount: 345,00,000 won = contract amount of KRW 10,000 (payment at the time of a contract), intermediate payment of KRW 200,000,000 (payment on May 10, 2017), any balance of KRW 135,00,000 (payment on July 6, 2017): When the buyer delivers the money or goods to the seller under the pretext of the contract deposit or deposit at the time of the contract, the buyer is different.

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