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(영문) 제주지방법원 2014.12.19 2014가단10181
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 1, 2013, the Plaintiff concluded a sales contract with D representative director E, a Defendant’s agent (hereinafter “instant sales contract”).

Parcel number: The remainder of the purchase price of No. 16 (18.4 square meters in lots, 189.4 square meters in exclusive use, 166.4 square meters in exclusive use, and 23 square meters in road shares): 22,50,000 won and the due date of payment. The remainder of the purchase price of No. 25,500,000 won: Presidential Decree No. 24475, Mar. 5, 2013>

On November 15, 2012, 2012, the defendant prepared and held a power of delegation to the D Representative E, Co., Ltd., Ltd., stating that "the total amount of 5,238 square meters (including the act of acting as an agent for the preparation of a sales contract of land) is to create and sell any orchard in Jeju City G, H, I, J, K,K, or L as an electric source housing complex, and the above power of delegation is accompanied by the defendant's certificate of personal seal impression.

C. On February 1, 2013, the Plaintiff deposited KRW 3,000,000 as the down payment of the instant sales contract in the account under the name of E (M) and deposited KRW 20,000,000 among the remainder into the said account on April 9, 2013.

On May 13, 2014, the Plaintiff deposited KRW 2,500,000 as the Cheongju District Court No. 603 in order to deposit the deposited person as the Defendant.

E. Meanwhile, on May 28, 2013, the instant land was divided into F orchard 2,915 square meters in Seopopo-si, Seopo-si, Seopo-si, Seopo-si, and the registration of ownership transfer was completed in the name of the Defendant in accordance with the partition of co-owned property as of June 7, 2013.

[Recognition] Facts without dispute, Gap's evidence 1 to 5, 7, 12 and Eul's evidence 2-7, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff alleged to be the Defendant’s agent paid KRW 20,000,000 among the down payment of KRW 3,000,000 and the remainder, and the remainder KRW 2,50,000 to the Defendant was deposited and paid the full payment of the instant purchase price. As such, the Defendant is obligated to implement the procedure for the registration of ownership transfer of the instant land in accordance with the instant sales contract.

(b) judgment;

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