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(영문) 서울고등법원 2015.10.15 2015나13432
매매대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On January 19, 201, the Plaintiff: (a) sold KRW 1,100/6,280 (hereinafter “instant real estate”) owned by the Plaintiff to the Defendant, among the Gyeonggi-gun Forest C forest land of KRW 20,760,000; (b) paid KRW 27.5 million on the contractual date; (c) the intermediate payment of KRW 100,000 on February 15, 201; and (d) the remainder of KRW 147,50,000 on February 28, 2011.

(hereinafter “instant sales contract”). B.

According to the instant sales contract, the Defendant paid the Plaintiff the down payment of KRW 27.5 million on January 19, 201, and the intermediate payment of KRW 100 million on February 15, 201, respectively.

C. D asserted that the purpose of the instant real estate was changed to an agricultural and forest area in the public interest conservation green zone, and that the instant sales contract was mediated, and sought against the Plaintiff payment of service costs for change of the purpose of use of the instant real estate and brokerage fees for the instant sales contract.

D. On August 2, 2011, on the instant real estate, D completed the registration of provisional seizure (hereinafter referred to as “registration of provisional seizure in D name”) with the claimed amount of KRW 63 million.

E. On May 23, 2011, the Defendant filed a lawsuit against the Plaintiff to file a claim for ownership transfer registration of the instant real estate (U.S. District Court Decision 201Kadan6382, hereinafter “previous lawsuit”). On April 13, 2012, the said court rendered a judgment that the Plaintiff (the Defendant) received KRW 147,500,000 from the Defendant (the Plaintiff in the previous lawsuit) at the same time receiving payment of KRW 147,50,00 from the Defendant (the Plaintiff in the previous lawsuit) on the instant real estate.

On September 6, 2012, the above judgment became final and conclusive after the plaintiff (the defendant in the previous lawsuit) appealed against the above judgment.

F. On December 12, 2012, the Plaintiff filed an application for registration of ownership transfer of the instant real estate with the Defendant as the deposited person (certificate of seal impression, certificate of residence report, certificate of proxy, certificate of registration) with the Suwon District Court.

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