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(영문) 울산지방법원 2014.06.20 2014가단8034
소유권이전등기절차이해인수 등
Text

1. On July 23, 2012, the vice-party corporation of the Defendant Incorporated Agricultural Company did not have a sales contract from the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 2012, the Plaintiff was recommended by the Defendant B, a vice-person, Defendant Incorporated Incorporated Co., Ltd. (hereinafter “Defendant Company”), to purchase the land located in Jeju-do, and confirmed the current status of the land that is the object of purchase and sale by the guidance of the Defendant B (the land in Seopo-si, Jeju Special Self-Governing Province or its adjoining land, which seems to have been remarkably increased) and decided to purchase the said land.

B. Accordingly, on July 23, 2012, the Plaintiff entered into a land sales contract with Defendant B, who representing the Defendant Company, with the purchase price of KRW 87,906,000,00. Under the said land sales contract, the real estate subject to the said land sales contract was written in Seopo-si, Seopo-si, Jeju Special Self-Governing Province as KRW 430 square meters (hereinafter “instant land”).

On July 25, 2012, the registration of the transfer of the Plaintiff’s name was completed as the Jeju District Court received from the Seopopo District Court No. 2933 on July 23, 2012 on the ground of the land sales contract as of July 23, 2012.

C. At the time of the conclusion of the instant land sales contract, the Plaintiff was aware that the subject matter was the first land of Jeju-do, and thereafter, the Plaintiff became aware of the difference between the land first seen by the Plaintiff and the present condition and location of the instant land, and thereafter, filed a claim against Defendant B. The Defendant B, recognizing that the real estate sales contract was responsible on December 16, 2013, issued an agreement to the effect that the Plaintiff would pay all of the amount paid by the Plaintiff to the Plaintiff up to February 28, 2014.

The Plaintiff’s expenses incurred in concluding the above land sales contract and completing the ownership transfer registration for the instant land are KRW 91,959,670 (i.e., KRW 87,906,00 for acquisition tax of KRW 4,043,670 for acquisition tax of KRW 87,90 for purchase).

[Ground for recognition] Defendant B: A without dispute, each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings: the Civil Procedure Act to which confession is made.

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