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(영문) 춘천지방법원속초지원 2019.04.18 2018가합200135
소유권이전등기
Text

1. The defendant shall be the plaintiff.

A. The reason is that the sales contract was made on December 15, 2010 with respect to 13,983 square meters of forest land in Gangwon Yangyang-gun.

Reasons

1. Basic facts

A. On August 3, 2009, the Defendant purchased KRW 13,983 square meters of Gangseoyang-gun C Forest (hereinafter “the instant forest”) from among D Species, in the purchase price of KRW 17 million, and completed the registration of ownership transfer on August 4, 2009.

B. On December 15, 2010, the Plaintiff entered into a contract with the Defendant to purchase KRW 230 million for the instant forest land (hereinafter “instant contract”), and paid the Defendant the down payment of KRW 23 million for the same day, the intermediate payment of KRW 57 million on December 23, 2010, and the remainder of KRW 150 million on January 31, 201, respectively.

(However, the sales contract was drawn up as the date of the intermediate payment).

Upon entering into the instant sales contract, the Plaintiff and the Defendant agreed to complete the registration of ownership transfer under the Plaintiff’s name on August 30, 2017, and the Defendant agreed to move a grave installed in the instant forest by December 31, 2013.

Meanwhile, on January 18, 2011, the Plaintiff and the Defendant prepared a pre-sale agreement stating that the purchase price shall be KRW 300 million with respect to the instant forest, and that, upon the arrival of August 30, 2017, the date of the completion of the sale, the transaction shall be deemed to have been completed without a separate declaration of intent to complete the sale. On January 19, 201, the Plaintiff and the Defendant completed the registration of ownership transfer claim right with respect to the instant forest as the Plaintiff on January 19, 201.

E. The Plaintiff’s husband E was past May 2017

8. Around February, 200, the Defendant requested the Defendant to register the ownership transfer of the instant forest, and the Defendant rejected to the effect that the sales contract was newly prepared or the date on which the registration was made, by lowering the sales price on the ground of the burden of capital gains tax, etc. The Plaintiff and the Defendant transferred the registration to August 8, 2017, and the sales price is KRW 230 million.

“The instant confirmation document” (hereinafter referred to as “instant confirmation document”). The Plaintiff and the Defendant, September 18, 2017, transferred the registration to the Defendant by January 10, 2018, and if so, by the said period.

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