(영문) 춘천지방법원원주지원 2014.09.04 2014가단32013

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(영문) 춘천지방법원원주지원 2014.09.04 2014가단32013

소유권이전등기

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 30, 2007, the deceased F (hereinafter “the deceased”). The deceased’s heir, as the deceased’s heir, completed the registration of transfer of ownership in the Plaintiff’s name on January 30, 2007 on each land indicated in the claim for compensation owned by the deceased (hereinafter “the instant real estate”).

B. On July 8, 2008, the Plaintiff completed the registration of ownership transfer as stated in the purport of the claim (hereinafter “each registration of this case”) to the Defendant on the grounds of sale on July 3, 2008.

[Grounds for recognition] The items in Gap evidence 1-1, 2, and Gap evidence 2-2, and the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion was that the Defendant did not pay KRW 50,000,000 for the purchase price of the instant real estate to the Plaintiff, and the sale between the Defendant was cancelled by the delivery of the copy of the instant complaint containing the declaration of intent to cancel the sale contract, and thus, the Defendant is obligated to implement the registration procedure for cancellation of each of the instant registrations to the Plaintiff.

B. In full view of the overall purport of the arguments in the evidence No. 4, No. 4, No. 1, No. 2, No. 3, and No. 6, the court below prepared a sales contract stating that the real estate of this case is sold at KRW 50,000,000 for the price of July 3, 2008 between the plaintiff and the defendant, taking into account the overall purport of the arguments. The above contract contains the entry of "temporary payment" under the above contract "No. 50,000,000 won" without stating the amount in the down payment, intermediate payment, and balance column, and the defendant remitted KRW 50,00 to the plaintiff on July 3, 2008, the plaintiff prepared a written confirmation to the defendant that "I have received the full payment from the defendant as the seller of the real estate of this case."

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