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(영문) 부산지방법원 2018.09.12 2017가합50832
소유권이전등기
Text

1. The defendant shall receive KRW 1,400,500,000 from the plaintiff, and at the same time, shall be stated in the attached list to the plaintiff.

Reasons

Basic Facts

The defendant is the owner of each real estate listed in the separate sheet (hereinafter referred to as "each real estate of this case"), and the plaintiff is the purchaser of each real estate of this case from the defendant.

On December 6, 2016, the Plaintiff entered into a real estate sales contract with the Defendant for each of the instant real estate (hereinafter “instant primary sales contract”) and paid 50,000,000 won as down payment to the Defendant on the same day.

2. Article 1(1) of the Terms and Conditions of the Contract provides that the seller and the buyer shall pay the sales amount by agreement as follows with respect to the sale of the above real estate:

The purchase price of KRW 1,565,500,000 (1,565,500,000) KRW 50,000,000 (50,000) is paid at the time of the contract and received at the time of the contract, and the current KRW 15,000,000 (15,000,000) is paid at the time of the intermediate payment (100,000,000) by the buyer at the present.

Any balance of KRW 1,400,500,000 (1,400,500) shall be paid in March 6, 2017.

On January 6, 2017, the Plaintiff paid KRW 100,000 to the Defendant an intermediate payment of KRW 100,000.

The Plaintiff requested the Defendant to postpone the remainder payment date for two months after the remainder payment date stipulated by the first sale and purchase contract of the instant case.

On March 7, 2017, the date of preparation with the Defendant was December 6, 2016, the Plaintiff entered into the instant secondary sales contract with respect to each of the instant real estate (hereinafter “instant secondary sales contract”). On the same day, a notary public, at No. 558, entered into the instant secondary sales contract with a law firm, etc., certified as to the instant secondary sales contract. The Plaintiff substituted the payment of the down payment and intermediate payment for the instant secondary sales contract as the down payment and intermediate payment paid pursuant to the instant first sales contract.

2. Article 1(1) of the Terms and Conditions of the Contract provides that the seller and the buyer shall pay the sales amount by agreement as follows with respect to the sale of the above real estate:

The purchase price;

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