beta
Text
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim corresponding to the above revocation part.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged by comprehensively taking into account the following facts: Gap evidence 1-1-2, Eul evidence 2-1-3, Gap evidence 4-1-4, Gap evidence 5-1-2, Gap evidence 7-1-3, Eul evidence 1-2, Eul evidence 2-1-2, Eul evidence 3, Eul evidence 4-1-4, Eul evidence 5, Eul evidence 6.
On February 10, 2004, the Plaintiff entered into a contract to purchase each land listed in the separate sheet (hereinafter “instant land”) from B with an overseas Korean with the U.S. nationality (hereinafter “instant contract”). The main contents are as follows.
Article 1 (Sale Price and Time of Payment) - USD 1 million for the purchase price - USD 250,000 for the down payment - USD 500,000 for the intermediate payment - USD 500,000 for the payment date: The balance - USD 250,000 for the payment date: March 2, 2004 - USD 250,000 for the payment date: March 15, 2004 (Payments after the completion of collateral security) shall receive the balance of the purchase price and deliver all documents necessary for the registration of transfer of ownership, and deliver the said real estate
Article 3(Extinguishment of Collateral)B shall complete removal of the defects and burdens of the right to collateral security of the land before the remainder date with the down payment and intermediate payment.
Section 9 (Transfer of Ownership) This land is due to the absence of ownership transfer registration, and it is inevitable to transfer ownership after the revision of the Farmland Act until the transfer of ownership is possible, and the right to collateral security of KRW 3 billion on this land shall be created and the cost shall be borne by
B. On February 19, 2004, the Plaintiff paid USD 250,000 to B as the down payment, USD 500,000 as the intermediate payment on February 25, 2004, USD 250,000 as the remainder on March 10, 2004, and paid the purchase price in full.
C. On September 23, 2013, the Defendant did not register the actual titleholder’s name to the Plaintiff within three years from the date on which the Plaintiff is obligated to file an application for ownership transfer registration pursuant to Article 10(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).