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(영문) 인천지방법원 2015.12.16 2015가합52318
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 14, 2014, the Plaintiff purchased each real estate listed in the Defendant’s separate sheet (1) and the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”).

B) As between the real estate listed in the separate sheet No. 1 (hereinafter referred to as “instant commercial building”)

) The real estate listed in paragraph 2 of the attached Table 2 (hereinafter “instant commercial building”) shall be KRW 141,423,080 for the sale price, and each of the above real estate shall be collectively referred to as “each of the instant commercial buildings.”

2) The sales contract of this case is a contract under which the sales price of this case is 143,959,660 won (hereinafter “instant sales contract”).

(2) On June 23, 2014, the Plaintiff entered into a contract with the Defendant to sell the sales right to the commercial buildings of this case of this case of 200,000,000 won for each purchase price (hereinafter “the sales contract of this case”) between the Defendant and the Defendant, and on the same day, changed the buyer’s name as to each of the commercial buildings of this case of this case of this case of this case of 200,000,000.

3) The Defendant, via a law office, paid the Plaintiff KRW 410,00,000 on June 27, 2014, and KRW 390,000,000 on July 2, 2014, paid the full amount of KRW 410,00,000 in total. Of them, KRW 320,000,00 on each of the instant commercial buildings was borrowed from the South Korea Saemaul Bank as security. 4) When the remaining amount was paid pursuant to the instant sales contract on July 2, 2014, the Defendant completed the registration of ownership transfer on each of the instant commercial buildings to the Defendant on the same day, but reported the transaction value on each of the instant commercial buildings as KRW 446,960,00,00 on each of the instant commercial buildings, and KRW 453,760,000 on each of the instant commercial buildings as security.

B. On the other hand, on June 23, 2014, the date of the conclusion of the instant sales contract, the Defendant drafted a commitment on each of the instant commercial buildings (hereinafter “each of the instant commitments”) with the Plaintiff, and the content thereof are as follows.

1. On the commercial building No. 205 of this case

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