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(영문) 창원지방법원 2018.08.17 2017나54279 (1)
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 20, 2013, the Plaintiff entered into a contract to sell the sales price of KRW 183,300,000,000,000 (hereinafter “instant sales contract”) to the Defendant, who is a square water in the private village, for the purchase price of KRW 2,020,00,000 (hereinafter “instant land”). At the time, the Plaintiff and the Defendant, along with the instant sales contract, entered into a written confirmation (hereinafter “instant confirmation”). At the time, the Plaintiff and the Defendant entered into an agreement with the content of the instant written confirmation (hereinafter “instant repurchase agreement”).

The Plaintiff and the Defendant enter into a contract with the seller on August 21, 2013, when selling and selling the above land of 2,020 square meters in the 2,020 square meters prior to the Gyeongnam-gun where the confirmation is located:

1. In the event that the Plaintiff transfers the purchase price to the Defendant by August 20, 2016, the buyer pays the purchase price of KRW 183,300,000 to the Defendant.

2. It shall be transferred in the name of the Plaintiff of a seller and shall not be transferred in the name of another person.

3.The interest on the bonds shall be paid in an adequate manner after the difference.

4. The expenses required for the registration of transfer to the buyer shall be fully borne by the defendant.

5. The defendant shall pay each interest on the loan.

6. All expenses incurred in the transfer and management shall be borne by the defendant, and when the plaintiff moves, the expenses incurred shall be charged.

August 20, 2013

On August 22, 2013, the Plaintiff completed the registration procedure for transfer of ownership based on the above sale of the instant land to the Defendant, and received from the Defendant the payment of KRW 6 million on August 20, 2013, KRW 140 million on August 27, 2013, KRW 176 million on October 21, 2013, and KRW 20 million on October 21, 2013.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. A. A summary of the Plaintiff’s assertion by the parties is the Plaintiff around July 2016.

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