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(영문) 광주지방법원 2014.10.14 2013가단57561
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On March 8, 2006, the Defendant entered into an agreement with Nonparty C (However, the actual conclusion of the agreement was made in the name of Nonparty C, and it appears that the Defendant approved it) on the real estate stated in the attached list (the real estate stated in the attached list 2 is 133 square meters. However, on July 27, 2012, the real estate stated in the attached list 3 was in the current area due to the combination with the land size of 141 square meters in the G-si, 141 square meters. The real estate stated in the attached list 3 was in the initial area of 242 square meters, but was in the current area combined with the land size of 81 square meters in the above H-si on July 27, 2012; hereinafter “instant real estate”), and KRW 200,000,000,000,000,000,000 won, and KRW 360,000,00,00 won,00.

B. The Defendant received 6 million won as down payment from C on the day of the instant sales contract, but thereafter C did not pay the intermediate payment and remainder as stipulated in the instant sales contract, and notified C of the cancellation of the instant sales contract on April 20, 207 on the ground that C violated its obligation to pay the intermediate payment.

[Evidence] Facts without dispute between the parties, Gap evidence No. 1, Gap evidence No. 2-1 through 8, Gap evidence No. 4-4, Eul evidence No. 1, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. After notifying the Defendant of the cancellation of the instant sales contract, the Plaintiff sought F along with E, thereby making the instant sales contract valid.

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