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(영문) 춘천지방법원원주지원 2016.11.10 2015가합560
토지매매대금
Text

1. The Defendant’s KRW 206,00,000 as well as 5% per annum from December 24, 2014 to November 4, 2015 to the Plaintiff.

Reasons

Basic Facts

The Plaintiff is a person who has owned each real estate listed in the separate sheet of real estate (hereinafter collectively referred to as “instant real estate”).

On September 10, 2010, the Plaintiff entered into a sales contract with C on the instant real estate and completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) on September 10, 2010 with respect to the instant real estate, which was designated by C upon C’s request on the same day.

At the time of the application for provisional registration of this case, the Plaintiff and C drafted and submitted a pre-sale contract stating that “The Plaintiff shall sell the instant real estate to D in KRW 140,000,000” (hereinafter “instant pre-sale contract”).

D on June 30, 2011, and December 23, 2014, respectively, transferred the right to claim the principal registration based on the provisional registration of this case to the Defendant. Accordingly, the Defendant completed the additional registration prior to the provisional registration of this case on December 26, 2014.

On December 23, 2014, F, who was delegated by the Plaintiff with the authority to conclude a sales contract for the instant real estate, drafted a sales contract (Evidence A No. 1; hereinafter “instant sales contract”) with the Plaintiff and the buyer as the Defendant with respect to the instant real estate between C and C.

According to the sales contract of this case, the sales price is KRW 256,00,000, and the total amount of KRW 256,000,000 is to be paid on December 23, 2014 without paying the down payment.

On December 26, 2014, the Defendant deposited KRW 50,000,00 to the Plaintiff through a certified judicial scrivener G through a certified judicial scrivener G.

G received documents necessary for the registration of transfer of ownership from the Plaintiff and kept them on the same day, G applied for the principal registration of transfer of ownership in the name of the Defendant with respect to the instant real estate, and on the same day, based on the provisional registration of this case, was made on December 23, 2014.

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