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(영문) 전주지방법원 2016.09.13 2015가단26216
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) On May 25, 2010, C representing the Defendant as the legal representative of D on May 25, 2010 (hereinafter “instant real estate”) is 5,653 square meters of forest land in E, F, and Jeonbuk-gun, Jeonbuk-gun (hereinafter “instant real estate”).

2) The sales contract to determine the sales price as KRW 100 million (hereinafter “instant sales contract”).

(2) At the time of the conclusion of the instant sales contract, the sales amount shall be KRW 100 million; however, at the time of the contract, KRW 10 million for the first intermediate payment, KRW 30 million for the second intermediate payment, May 28, 2010; and KRW 30 million for the third intermediate payment, November 25, 2010; and KRW 10 million for the third intermediate payment, as indicated below:

① If the sales contract amounting to KRW 10 million is not paid on May 28, 2010, the sales contract amounting to KRW 10 million shall be reverted to the seller’s Defendant.

② On November 25, 2010, when there is no payment of KRW 30 million in the second intermediate payment on November 25, 2010, the total of KRW 20 million in the first intermediate payment of KRW 10 million and the down payment of KRW 10 million on condition that no payment is made shall be cancelled upon the seller’s reversion to the Defendant.

In addition, the real estate of this case grants the registration of ownership transfer to the defendant by the buyer D and each letter.

③ In the event that on February 25, 2011, the third intermediate payment of KRW 10 million and the remainder of KRW 40 million are not paid, this Agreement becomes null and void, and the confirmation document and each letter shall be liable for civil and criminal liability as they belong to the seller.

Provided, That the payment of down payment of KRW 10 million and the first intermediate payment of KRW 10 million shall be transferred and taken over the change of the forest and land of the United Nations Armed Forces at the time of deposit.

B. E, who made the registration of each transfer of ownership of this case on behalf of the Defendant, pays KRW 8 million out of the down payment of KRW 10 million to C representing the Defendant at the time of the conclusion of the instant sales contract, and would have borrowed the money by establishing a collateral security right on the instant real estate and use it for the payment of intermediate payments and balance. Accordingly, the registration of ownership transfer on the instant real estate has been completed in advance.

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