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(영문) 서울동부지방법원 2017.11.01 2016나28585
소유권이전등기
Text

1. In accordance with the amendment of the purport of the claim by this court, the judgment of the first instance is modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. On September 11, 2012, the Plaintiff entered into a sales contract with the Defendant to purchase each real estate listed in the separate sheet attached to the Defendant’s ownership (hereinafter “instant real estate”) at KRW 1,042,00,000,000 for the purchase price.

(hereinafter “instant sales contract”). B.

At the time of the instant sales contract, the Plaintiff and the Defendant: (a) paid the down payment of KRW 300 million on September 11, 2012; and (b) the intermediate payment of KRW 400 million on October 10, 2012; and (c) determined that the buyer shall pay the remainder of KRW 340 million at the time of completing permission for farmland diversion and permission for development activities.

C. On September 11, 2012, the Plaintiff paid the Defendant a down payment of KRW 300 million, and the intermediate payment of KRW 400 million on October 10, 2012, respectively. On December 24, 2015, the Plaintiff received permission for farmland diversion and permission for development of the instant real estate from the Pakistan-si, a competent authority, around December 24, 2015.

On the other hand, around November 11, 2016, the Defendant transferred 4.5 million won of the sales price bonds under the instant sales contract to E, and notified the Plaintiff of the transfer of the said bonds around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the ground of the Plaintiff’s claim, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the instant sales contract with respect to the instant real estate.

The plaintiff is obligated to pay 37.5 million won out of the purchase price stipulated in the contract of this case (i.e., the remaining purchase price of KRW 342 million - 4.5 million - the obligation to pay the ownership transfer registration procedure of this case to E and the obligation to implement the ownership transfer registration procedure of this case are in a concurrent performance relationship. Thus, the defendant is obligated to pay the above money from the plaintiff to the plaintiff at the same time as the above money is paid to the plaintiff, unless there are special circumstances.

B. Judgment on the defendant's defense (1) is the main point of the defendant's argument.

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