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(영문) 창원지방법원 2018.10.17 2017가단12380 (1)
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 130,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On September 7, 2017, the Plaintiff and the Defendant concluded a sales contract with respect to real estate listed in the separate sheet owned by the Defendant (hereinafter “real estate of this case”) (hereinafter “the sales contract of this case”) with a total of KRW 170 million, but the down payment of KRW 20 million is paid on the date of conclusion of the contract, and the remainder of KRW 150 million shall be paid on October 11, 2017 (Provided, That the remainder of the remainder of KRW 20 million shall be paid at the time of commencement of interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior installation).

B. On the other hand, around September 7, 2017, the sales contract between the Plaintiff and the Defendant entered into between the Defendant and the Plaintiff, the Plaintiff’s mother of the instant subparagraph 303, and around September 7, 2017, the sales contract entered into between the Defendant and the Defendant with respect to the “No. 403 of the Gimhae Apartment Complex 403” (hereinafter “the instant real property”), with a total of KRW 170 million, and the down payment of KRW 10 million is paid on the date of entering into the contract, and the remainder of KRW 160 million is paid on October 11, 2017 (hereinafter “the sales contract of this case”).

C. According to the sales contract of this case 303, the Plaintiff paid the Defendant a down payment of KRW 20 million, which is part of the remainder of the down payment of KRW 20 million and KRW 20 million (the part related to interior interior interior interior interior interior interior interior works). The Plaintiff is entitled to transfer the ownership of the real estate of this case 303 from the Defendant by paying the remaining purchase price of KRW 130 million.

On the other hand, C is a position that it would not pay the purchase price for the above real estate to the defendant in the status of withdrawing the intention to purchase the real estate of this case 403.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1-1, the purport of the whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, the Defendant received KRW 130 million, which is remaining the purchase price, from the Plaintiff pursuant to the sales contract of the instant No. 303, from the Plaintiff.

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