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(영문) 인천지방법원 2019.05.29 2017가단249744
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The cause of the plaintiff's claim shall be as shown in the attached Form.

On September 18, 200, the deceased and the plaintiff entered into a pre-sale contract on September 18, 200, and at the same time, they concluded a sales contract with the deceased selling the above real estate in KRW 435 million to the plaintiff. The deceased and the plaintiff entered the content of the pre-sale contract in the pre-sale contract (A6-1) without preparing a sales contract separately, and then re-verification was made on January 15, 2003 immediately after Cbank loans.

Judgment

However, it is not enough to recognize the facts alleged by the plaintiff only with the descriptions of Gap evidence Nos. 3, 6-1, 6-2, and 8.

There is no proviso to interpret the lower part of the statement No. 8 as the meaning of the Plaintiff’s future.

On September 18, 200, the Plaintiff agreed on September 18, 200 that “the Plaintiff shall transfer the ownership to the Plaintiff on condition of complete payment of KRW 435 million,” and the Plaintiff paid KRW 469,430,000 to the Deceased during the period from May 11, 2007 to February 18, 2013 (the purchase price exceeds the purchase price). Accordingly, the Plaintiff’s promise was concluded, and regardless of whether the provisional registration was made, the claim for the transfer registration occurred due to fulfillment of the condition.

However, the Plaintiff’s assertion that the nature of the money paid by the Plaintiff as stated in the separate sheet is the purchase price is insufficient to be recognized only by the evidence of the Plaintiff.

It is necessary to consider the defendant's rebuttal that the payment of money equivalent to the rent due to the use of real estate possession is included.

The plaintiff asserts that the right to claim the registration of ownership transfer based on the purchase and sale reservation made on January 15, 2003 according to the full payment.

However, for the same reasons as above, the Plaintiff’s assertion is unreasonable.

The plaintiff's claim is rejected.

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