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(영문) 서울서부지방법원 2018.01.19 2016가단254279
소유권이전등기
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) annex.

Reasons

1. Facts of recognition;

A. On November 1, 2006, the Defendant purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from C Co., Ltd. (hereinafter “C”) in the purchase price of KRW 183 million (the contract amount of KRW 183 million, the balance of KRW 164,700,000) and completed the registration of ownership transfer on January 4, 2007.

(hereinafter “Provisional Registration of this case”). (b)

On April 30, 2007, the Defendant entered into a pre-sale agreement with the Plaintiff with respect to the instant real estate, and completed on October 15, 2007 the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) with the Yongsan District Court No. 36756, Yongsan District Court received on October 15, 2007.

The Defendant promised to sell the instant real estate in KRW 218,00,000 to the Plaintiff.

The date of the pre-contract for sale shall be November 5, 2007, and the trade shall be deemed to have been completed as a matter of course without the declaration of intention to complete the trade at the expiration of the above date.

When the sale has been completed, a sales contract is concluded, and the defendant receives KRW 218,00,000 from the plaintiff, and simultaneously conducts the registration of ownership transfer concerning the real estate of this case to the plaintiff, and transfers the above real estate.

The plaintiff shall pay to the defendant 100 million won on the date of the reservation deposit, and the amount shall be deducted from the purchase price.

C. The defendant currently resides in the real estate of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion 1) The Plaintiff and the Defendant jointly purchased the instant real estate, and the actual purchase price of which is KRW 330 million (C requested the D Licensed Real Estate Agent Office specialized in the sale agency to sell the real estate.

The instant sales contract entered into a sales contract with an agent for sale in an unofficial manner with a sales amount of KRW 330 million, and officially entered into a sales contract with C for KRW 183 million.

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