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(영문) 광주지방법원 2019.02.01 2018나56939
소유권이전등기말소
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the following determination as to the conjunctive assertion added by the plaintiff in this court, and thus, it is consistent with the reasoning of the judgment of the court of first instance.

(However, the reasoning of the judgment of the court of first instance is to use the title in Paragraph (3) as the "determination on the prime claim," and Paragraph (4) is deleted). 2. Judgment on the conjunctive claim

A. If the Plaintiff’s conjunctive assertion is valid, the Plaintiff sold the instant real estate No. 2 to the Defendant in accordance with the instant sales contract, and completed the registration of ownership transfer of the instant real estate, and thus, the Defendant is obligated to pay the Plaintiff the remaining purchase price of KRW 300,000,000.

B. According to the statement of evidence No. 3, the fact that the Plaintiff and the Defendant sold the instant real estate No. 2 around May 2016 to KRW 650 million is recognized.

However, comprehensively taking account of the evidence in Paragraph 1 above, the following facts are as follows: ① The sales contract of this case provides that KRW 650 million shall be paid and received at the time of the contract, and the intermediate payment of KRW 235 million shall be paid in April 20, 2016, and the remainder of KRW 350 million shall be paid in May 20, 2016, and the seller shall pay the remainder of KRW 1,164,000 and KRW 208,000,000 as well as I’s claim limit of KRW 208,50,000 as well as KRW 1,50,000,000 as joint collateral security establishment registration, ② the Plaintiff signed and sealed the Plaintiff’s intermediate payment without receiving the down payment pursuant to the sales contract of this case, ③ the Plaintiff shall not receive the intermediate payment from the Defendant as KRW 350,500,000,000 as the intermediate payment under the sales contract of this case, and ④ the Plaintiff shall be paid the intermediate payment to the Defendant.

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