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(영문) 창원지방법원 2017.08.17 2017가단102283
소유권이전등기
Text

1. The defendant,

A. Attached list to Plaintiff A

1. As to the stated real property, on September 26, 2016, for sale and purchase purposes:

Reasons

1. Facts of recognition;

A. On September 26, 2016, Plaintiff A’s list from the Defendant

1. In order to purchase the indicated real estate (hereinafter “real estate 1 of this case”) at KRW 505,00,000, the agreed to pay the down payment of KRW 80 million on the date of the contract, the intermediate payment of KRW 50,000 on October 17, 2016, and the remainder on January 10, 2017, respectively.

B. A list of Plaintiffs B and C from the Defendant on September 26, 2016

2. The instant real estate (hereinafter referred to as “second real estate”) was to purchase KRW 505,00,000 for the purchase price of KRW 1,000,00 with the instant real estate (hereinafter “each of the instant real estate”) and agreed to pay KRW 80,000 for the intermediate payment of KRW 50,000 on the date of the contract, and the intermediate payment of KRW 50,000 for the remainder on October 17, 2016, and January 10, 2017, respectively.

(hereinafter referred to as “each of the instant sales contracts” with Plaintiff A’s above sales contracts.

On the other hand, each of the instant real estate was included in the project site of the E-district urban development project, which is implemented by the replotting at the time of concluding each of the instant sales contracts.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to implement each of the procedures for the transfer of ownership on the instant real estate No. 2 on September 26, 2016 to Plaintiff A, Plaintiff B, and Plaintiff C based on the sale on September 26, 2016, except in extenuating circumstances.

B. (1) The Defendant’s assertion that the sales contract was revoked based on the mistake in motive (A) and the Defendant concluded each of the instant sales contracts with the knowledge that the depreciation rate of each of the instant real estate (land burden rate) would be 55%.

The reduction rate was the most important factor in determining the purchase price.

Since then, the actual reduction rate of each real estate of this case was 9.06%, 13.36%.

The reduction rate of each real estate of this case and mistake on the area of land substitution are the sales contract.

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