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(영문) 인천지방법원 2020.12.18 2019가단260745
소유권이전등기
Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) received KRW 176,942,857 from the Plaintiff (Counterclaim Defendant) and simultaneously received it from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. While the Plaintiff was in physical coloring the land to be used as a garage, the Plaintiff was introduced, through a licensed real estate agent, the land on the 4 lots listed in the separate sheet owned by the Defendant (hereinafter referred to as “instant land”), as well as the land indicated in paragraph (1) of the attached sheet among them.

B. On July 24, 2019, the Plaintiff and the Defendant calculated the ordinary sale price of the instant land as KRW 520,000,000, and entered into a sales contract with the purchase price of KRW 330,000 (hereinafter “the first sales contract”). On the same day, the Plaintiff paid KRW 33,00,000 to the Defendant on the same day. (c) As a result of the Plaintiff’s response to the instant land after the first sales contract, the Plaintiff requested the Defendant and the Defendant’s licensed real estate agent to verify the site of the instant land. As a result, the Plaintiff and the Defendant confirmed the current status of the instant land by the first patrolman on August 24, 2019, the boundary of the land in the cadastral map was smaller than that of the instant land, and the Plaintiff concluded a sales contract with the Plaintiff and both parties were expected to have entered into a new sales contract with the Plaintiff and the Defendant’s real estate agent’s real estate agent’s real estate agent’s real estate size in the instant land.

E. In the secondary sales contract, the Plaintiff and the Defendant determine the purchase price based on KRW 520,00 per square meter as before, and with respect to the instant garage, Paragraph 7 of the special agreement, “The remainder shall be paid for the actual area after surveying the current status on the lot number of Dmiscellaneous land and after surveying the current status,” and Paragraph 10 of the same Article and Paragraph 12 of the same Article, “The remaining date shall be determined as October 30, 2019, but shall be paid when calculating the actual area after all construction works are completed.”

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