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(영문) 전주지방법원 2016.05.13 2014가단15011
소유권이전등기
Text

1. The defendant shall receive KRW 140,000,000 from the plaintiff, and at the same time real estate stated in the separate sheet to the plaintiff.

Reasons

1. On January 26, 2007, the Plaintiff entered into a sales contract with the Defendant through Nonparty C, who is one’s own selling agent, with respect to each real estate listed in the separate sheet owned by the Defendant (the forest size of 33,058 square meters in 69,025 square meters in the first place Kim Jong-si, Kim Jong-si, as above E; the forest size of 2,909 square meters in forest was divided as above; and the forest area of 2,900,000 won in forest was divided as above) (hereinafter “instant sales contract”).

[Reasons for Recognition] Facts without a partial dispute, Gap evidence No. 1-3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The plaintiff's assertion (1) The plaintiff paid 100,000,000 won to the defendant as down payment on January 26, 2007, and paid 50,000,000 won as part payments to the first patrolman on February 2, 2007. Thus, the defendant is obligated to pay 140,000,000 won to the plaintiff according to the sales contract of this case, and at the same time, to implement the registration procedure for transfer of ownership on each real estate listed in the attached list to the plaintiff on January 26, 207.

(2) The defendant's assertion only received KRW 18,500,000, which is part of the down payment from the plaintiff, and did not receive the remainder of the down payment or intermediate payment.

B. In full view of each of the statements in Gap evidence Nos. 2 through 13, witness G, and Eul's testimony and arguments, the plaintiff paid 100,000,000 won as down payment to the defendant via C on January 26, 2007, and the plaintiff paid 50,000,000 won as part payment to the defendant through C on February 26, 2007. According to the above facts of recognition, the defendant, barring any special circumstances, is liable to implement the registration procedure for transfer of ownership on each of the real estate listed in the separate sheet to the plaintiff at the time of receiving the remainder of 140,00,000,000 won from the plaintiff under the sales contract of this case, and at the same time, with respect to each real estate listed in the separate sheet to the plaintiff on January 26, 2007.

I would like to say.

The defendant is the plaintiff in relation to the sales contract for the real estate No. 2.

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