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(영문) 부산지방법원 2017.01.18 2015가합6589
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On January 14, 2015, Defendant B determined the purchase price of each of the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendants, as KRW 1.466 billion between the Plaintiff and the Plaintiff, as indicated in the separate sheet (hereinafter “instant real estate”), to be prepared on January 23, 2015, and was paid KRW 50 million from the Plaintiff as the provisional contract amount.

B. After that, Defendant B expressed his intent to refuse to conclude a sales contract on the instant real estate, and deposited the amount of KRW 50,061,643 as the Busan District Court Decision 2015, Jan. 22, 2015, totaling KRW 50,000,000,000 and interest accrued until that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 5, witness D's testimony, purport of whole pleadings

2. Judgment as to the main claim

A. The Defendants, on January 14, 2015, concluded a sales contract between the Plaintiff and the Plaintiff with respect to the instant real estate at KRW 1.46 billion. As such, the Defendants are obligated to implement the registration procedure for transfer of ownership based on the said sale of the instant real estate.

B. On January 14, 2015, Defendant B determined that the purchase price for the instant real estate was KRW 1.46 billion between the Plaintiff and the Plaintiff and entered into a sales contract by setting the purchase price as KRW 1.46 billion. On the same day, Defendant B received KRW 50 million from the Plaintiff as the provisional contract amount. As seen earlier.

However, each of the aforementioned evidence is acknowledged as being comprehensively based on the overall purport of Gap evidence Nos. 8 and 9 and all of the arguments, i.e., the following circumstances, i.e., ① the purchase price of the real estate in the name of the plaintiff and the defendants as of January 14, 2015, with the purchase price of the real estate in the name of the plaintiff and the defendants as of January 14, 2015, and the remainder of KRW 100 million out of the down payment of KRW 150 million, the down payment of KRW 1.31 billion, and the remainder of KRW 1.30 million, respectively, shall be paid on January 23, 2015; and the remainder shall be paid on May 4, 2015.

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