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(영문) 광주지방법원 2018.06.22 2017가단526232
소유권이전등기
Text

1. On May 12, 2016, between the Defendant (Counterclaim Plaintiff) and the Plaintiff (Counterclaim Defendant) on the size of 296 square meters prior to Gwangju Mine-gu C.

Reasons

1. Basic facts

A. On May 12, 2016, the Plaintiff purchased KRW 310,000,000 from the Defendant for the purchase price of KRW 310,000,000 for the total amount of KRW 30,000 on the same day. By June 16, 2016, the Plaintiff paid KRW 180,000 for the intermediate payment and KRW 180,000 for the remainder of KRW 15,000 for the remainder of KRW 15,200 until December 15, 2016. As stipulated under a special agreement at the time, the Plaintiff guaranteed the remainder of the lease relationship of the building on the instant land for five years following the remainder of the lease relationship.

B. On June 16, 2016, the Plaintiff paid an intermediate payment of KRW 100,000 to the Defendant.

C. 1) On September 21, 2017, the Defendant paid the remainder to the Plaintiff by October 13, 2017, and notified the Plaintiff of the purport that the registration of ownership transfer was completed because all documents necessary for the registration of ownership transfer was left to the law firm E-1 floor. 2) As to this, the Plaintiff, around September 27, 2017, intended to obtain a certificate of farmland acquisition for the transfer of the instant land, but the Plaintiff failed to obtain a certificate of farmland acquisition due to the Defendant’s diversion of farmland and construction without permission, and therefore, the Plaintiff responded to the purport that the remainder will be paid if the land was removed and restored to the original state.

On October 13, 2017, the Plaintiff deposited the remainder of KRW 180,00,000 with the depositor as the Defendant (Seoul District Court Decision 2017 Geumju District Court Decision 6663), and on May 12, 2016, the depositor entered into a real estate sales contract with the depositor and the deposit-based KRW 296m2,00,000,000,000,000,000 as the contract deposit on the contract date. The intermediate payment is paid on June 16, 2016, and the intermediate payment is paid on the same day as the payment on December 15, 2016, while the depositor decided to complete the registration of ownership transfer of the relevant real estate, the depositor did not comply with the procedure for registration of ownership transfer due to illegal diversion of farmland. Accordingly, the depositor receives the remainder of KRW 10,000,000,000,000,000 from the depositor.

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