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(영문) 광주고등법원 2016.10.14 2015나11075 (1)
양수금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added at the trial is dismissed.

3...

Reasons

Basic Facts

C on May 25, 2011, the Plaintiff and three other parties purchased three parcels of E, K, and F in total at KRW 722,200,000,000,000,000. Of the purchase price, C newly constructed a building on the ground of the said three parcels and paid in cash with two household units of the building.

C completed the registration of ownership transfer regarding the above three parcels of land on May 27, 2011, but failed to pay the purchase price properly.

On the other hand, on November 14, 201, C was transferred to the above K due to the division on August 31, 201, between the Defendant and the said three parcels of land and the leisure season.

As to the total four parcels of land (hereinafter “instant real estate”), a sales contract with the purchase price of KRW 1.2662 million was prepared (hereinafter “instant sales contract”), and on the same day, a sales contract was notarized by 476,000,000,000,000.

The main contents of the sales contract of this case are as follows.

Section 2(1) The seller and the buyer shall sell (transfer) the right to obtain permission change including the present status of the real estate and the right to existing building permission - purchase (acquisition).2) The seller and the buyer shall prepare the sale contract in full for the third and third and 301, 302, and the second and second households, which are designated by the seller (the amount of 128 million won/households, and the amount of 90 million won per share of the actual sale price) (256 million won).

1.Paragraph 2 of Article 2 is the original land balance and in agreement with A of the first prop;

2. The phrase “No. 1378 of 201” in a notarized letter by a law firm with both parties shall be null and void.

Article 3 (Sale Price): 1.266 billion won - The first down payment: 80 million won, November 14, 2011 - The second intermediate payment: 840 million won, the second intermediate payment: within 15 days after the contract was entered into on November 29, 201 (the terms and conditions of bank succession) - The third balance shall be paid from the sales contract deposit out of 86 million won, and the aggregate construction.

The defendant completed the registration of ownership transfer on November 23, 201 with respect to the instant real estate.

On January 23, 2013, the Plaintiff between C and C above.

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