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(영문) 대구지방법원 2016.04.29 2015가단102917
소유권이전등기
Text

1. The defendant shall receive KRW 7,000,000 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On March 27, 1993, the Plaintiff purchased each of the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”) at KRW 96,00,000 from the purchase price.

(hereinafter “instant sales contract”). B.

In the sales contract concluded between the Plaintiff and C at the time of the instant sales contract, the following purport are stated: “The sales contract was made between the Plaintiff and C, at the same time as the contract was made, the seller paid the down payment to the seller, and the seller received the intermediate payment of KRW 26.14 million on March 27, 1993, the buyer received it, and the buyer received it, and the remainder KRW 34.86 million on April 30, 1993.”

C. C died on September 27, 1993, and the Defendant, as his wife, completed the registration of transfer of ownership under the name of the Defendant, which was based on inheritance by consultation and division as of April 28, 1997, No. 48122, which was received on April 28, 1997, as of the instant real estate, and the Defendant currently resides in the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) lent each loan of KRW 6 million to the Defendant and C husband and wife on March 30, 1992, and KRW 20 million on December 12, 1992. As the Defendant couple was unable to repay the above loan, the Plaintiff and C entered into the instant sales contract with respect to the repayment of the loan. At the time of the instant sales contract, the Plaintiff and C, out of KRW 35 million out of the down payment, set off against the Plaintiff’s above loan claims against the Defendant and C, and paid part of the remainder in cash. The intermediate payment of KRW 2,614,00,000,000,000,000 from the said real estate as collateral, was agreed to substitute for the Plaintiff’s repayment of the loan in lieu of the amount received from Nonghyup.

However, with respect to the payment of the remainder of 3,4860,000 won, the security deposit for lease by the defendant and C shall be KRW 35 million.

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