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(영문) 서울고등법원 2018.06.29 2017나2063383
소유권이전등기절차이행 등
Text

1. Upon the request of this court for a change in exchange, the defendant shall set forth C and in the annexed sheet.

Reasons

1. The facts under the recognition may be found, either in dispute between the parties or in the entry in Gap evidence 1 to 8 (including branch numbers), by taking into account the whole purport of the pleadings.

[1] C purchased forest land of 12,673 square meters in the auction procedure, and completed the registration of ownership transfer on May 4, 1994.

On May 11, 2004, the above D Forest land was divided into 12,317 square meters of forest land and E forest land with the same 12,673 square meters of forest land.

On October 6, 2004, the same number of 12,317 square meters of the above D forest was divided into 6,017 square meters of forest land, 2,065 square meters of forest land, G forest land 3,580 square meters, 322 square meters of H forest land and 333 square meters of forest land.

[2] On November 17, 2006, the seller prepared a sales contract (No. 2) in which the seller, the agent of the seller, and the buyer are the Plaintiff, with respect to a specific area of 249 square meters as a map of 3,580 square meters in the above G G forest and E forest and 356 square meters in the above E forest.

The contents of the instant sales contract are as follows.

K’s husband stated next to the Licensed Real Estate Agent J is the Defendant’s husband.

The sales amount of KRW 320,000,000 down payment of KRW 40,000 shall be paid at the time of the contract and the intermediate payment of KRW 160,000,000 shall be paid at the time of the contract and the intermediate payment of KRW 120,000 shall be paid on December 10, 206.

(A) Certain of the remaining amounts of KRW 20,000,000,000 shall be paid in wartime by the Plaintiff

1. Terms and conditions of cancellation of any balance of KRW 285,00,000,000, the claimed amount on February 25, 2005, as the claim amount of KRW 100,000,000, as the provisional attachment

3. The transfer of ownership shall be the defendant and the key to the establishment of the right to collateral security;

C On December 6, 2006, the Plaintiff, the Plaintiff’s agent of the seller, as the Plaintiff’s agent, drafted a receipt (Evidence A 3) stating that the sales price was fully paid to the Plaintiff by receiving KRW 270,00,000,000, including the intermediate payment of KRW 16,000,000 and the remainder of KRW 12,00,000 as stated in the above sales contract, and the intermediate payment of KRW 12,00,000,000, which is less than KRW 280,000.

K has prepared to the Plaintiff a letter of confirmation (No. 4) as follows on the same day:

part of sale, intermediate payment and remainder 270.

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