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(영문) 대구지방법원김천지원 2020.05.13 2019가단3659
소유권이전등기
Text

1. The Defendant is based on the sale and purchase on August 31, 2018, with respect to the land of 992 square meters in Kimcheon-si, Kimcheon-si.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1, 2, 3-1, 2, and 4-1, 2, 1, 4, 5, 6, 8, and 9.

On April 10, 2017, the registration of ownership transfer was completed in the name of the Defendant with respect to the area of 1640 square meters in Kimcheon-si, Kimcheon-si, and on February 13, 2017, the registration of ownership transfer was completed in the name of the Defendant with respect to the area of 1365 square meters in the E-sports site in Kimcheon-si, Kimcheon-si, and on November 28, 2014, the registration of ownership transfer was completed in the name of the Defendant on December 23, 2014 on the land of 3653 square meters in the land of Kimcheon-si (hereinafter “F land before division”).

B. On August 31, 2018, the Plaintiff prepared a sales contract with the Defendant to trade 300 square meters out of the F land before subdivision at KRW 90,000,000, among the F land before subdivision, and wired KRW 10,000 to the Defendant on the date of the contract, and paid the remainder 80,000,000 to the Defendant on September 30, 2018.

(hereinafter “instant contract”). C.

At the time of the instant contract, the Plaintiff and the Defendant entered the following special terms in the sales contract:

Paragraph (2) The Plaintiff shall complete the transfer of registration by March 30, 2019 after the contract of this case.

Paragraph (3) of this case: KRW 90,000,000 for the purchase price of the instant contract shall be the total of KRW 1,000 for F land before subdivision, and the Plaintiff and the Defendant shall enter into an agreement.

(300,000 won per square day) Of the total land of Paragraph 4, 700 square meters, up to March 30, 2023.

(Plaintiff) In the event of failure to comply with paragraph (4) or failure to comply with the instant contract under Paragraph (5), the Plaintiff shall permit the use of the superficies and restitution of the F land before division and the land of 300 square meters.

The cost of subdivision of Paragraph 6 shall be borne by the Plaintiff.

The Plaintiff, according to the instant contract, remitted each of the KRW 80,000,000 to the Defendant on September 13, 2018, and KRW 60,000 on September 21, 2018, and paid each of the KRW 80,000,000 to the Defendant.

E. The Plaintiff is out of the F land before subdivision.

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