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(영문) 서울중앙지방법원 2016.07.14 2015가합2473
소유권이전등기
Text

1. The defendant is based on the agreement dated May 2, 2008 with respect to each real estate stated in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. On January 6, 1996, the Plaintiff completed the registration of ownership transfer due to the successful bid on December 1, 1995 with respect to the real estate listed in Paragraph (1) of the Attached List No. 1 (hereinafter “instant land”). On July 6, 2004, the Plaintiff completed the registration of ownership transfer due to the compulsory auction on February 16, 2004 as to the real estate listed in Paragraph (2) of the Attached List No. 2 (hereinafter “instant building”).

B. On July 1, 2004, the Plaintiff entered into a sales contract with the Defendant to sell the instant land and buildings (hereinafter “instant real estate”) for KRW 1.7 billion (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

- The sales contract of this case - The sales contract of this case - The intermediate payment of KRW 200,000: the intermediate payment of KRW 400,000 (the down payment at the time of a contract) : The remainder of KRW 400,000 (til July 5, 2004): the loan of KRW 400,000 (til September 30, 2004): the special agreement that is the same as the special agreement (70,000,000).

1. The maximum amount of KRW 700,000,00,000 established on this real property (land) shall be deducted from the sales amount and the seller shall terminate the establishment and shall be paid 700,000,000 from the buyer.

2. After the receipt of an intermediate payment, the seller shall deliver without delay all such documents as may be necessary for the relocation of the registration of the building at the request of the buyer, as well as for making a provisional registration on the building.

It shall be delivered to the buyer immediately so that the buyer can repair and renovate the building.

On July 6, 2004, the Defendant completed the provisional registration of the right to claim transfer of ownership based on the pre-sale agreement as of July 1, 2004, and completed the principal registration based on the provisional registration on March 26, 2008.

On the other hand, on April 7, 2004, the auction procedure following the decision to commence voluntary auction was commenced on the land of this case, and the defendant received the bid of this case on March 26, 2008 from the above auction procedure and completed the registration of ownership transfer on the same day.

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