logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2016.02.03 2015가단11945
소유권이전등기
Text

1. The plaintiff's primary claim and the conjunctive claim are dismissed, respectively.

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

Reasons

1. Basic facts

A. On October 30, 201, the Plaintiff deposited KRW 120,000 to the Defendant.

B. On November 1, 2011, between the Plaintiff and the Defendant, the Plaintiff purchased land C, D, E, and F from the Defendant at KRW 660,00,00,000; the down payment of KRW 77,000,000 is paid at the time of a contract; the intermediate payment of KRW 200,000,000 is paid on December 13, 201; and the remainder of KRW 383,00,000 is paid on January 15, 201.

On November 1, 2011, the Defendant issued a receipt for KRW 120,000,000 to the Plaintiff. The Defendant stated the details in its statement as “43,000,000 and KRW 77,000,000 in the amount of penalty for breach of contract atHanam-si.”

C. The area of 4,133 square meters for C forest land in Hanam-si is 450 square meters for G and H forest land and 3,683 square meters for H forest land; 724 square meters for D forest land is 761 square meters for forest land; 729 square meters for E forest land and 729 square meters for forest land; and 993 square meters for F forest and 966 square meters for forest land was divided or registered on December 201 for K forest and 966 square meters.

(hereinafter referred to as “instant land 1 through 5” in sequence d.

On December 6, 2011, between the Plaintiff and the Defendant, the Plaintiff purchased each of the instant land from the Defendant in KRW 557,820,00,000, and the contract deposit of KRW 150,000 was made at the time of the contract, and the remainder of KRW 407,820,000 was paid at the time of the contract and the remainder of KRW 407,820,00 was made.

E. On December 6, 2011, the Plaintiff paid KRW 60,000,000 to the Defendant respectively, and KRW 60,000,00 on March 27, 2012.

F. The Defendant sold the instant third land to a third party, and completed the registration of ownership transfer on June 26, 2013 to the said third party on the ground of sale.

G. On June 26, 2013, the Plaintiff paid KRW 4,820,00 to the Defendant.

H. On September 26, 2013, the Plaintiff and the Defendant agreed as follows:

With respect to the land Nos. 1, 2, 4, and 5 of this case, the Plaintiff or a person introduced by the Plaintiff to purchase each of the above land from the Defendant for land price of KRW 3.1 million.

However, in fact, 250 million won, except 60 million won, which the defendant remitted to the plaintiff in January 2012.

arrow