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(영문) 광주지방법원 2015.02.05 2014가단22340
소유권이전등기
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1. The defendant shall receive KRW 500 million from the plaintiff at the same time with respect to the real estate stated in the attached Form to the plaintiff.

Reasons

Facts of recognition

On March 31, 2011, the Plaintiff entered into an agreement with the Defendant on the following terms: (a) the Plaintiff leased the said real estate from the Defendant for three years to operate the fish farm; and (b) the Defendant would sell the said real estate upon the expiration of the lease period (hereinafter “instant agreement”); (c) entered into a lease agreement with the Defendant as the title “lease Agreement”.

A (Defendant) and B (Plaintiff) enter into a lease agreement as follows:

2. Rent and payment method: Three-year writing tax, 150,000 won;

3. B shall use the instant real estate as the fish farm.

4. The lease period shall be three years from April 15, 201 to April 14, 201;

6. To sell to the lessee three years after the expiration of the lease term;

7. If the lessee is unable to purchase, this Agreement shall be maintained for three years as of April 14, 201, and terminated on April 14, 2014, and if the lessee purchases, the rent of KRW 150 million shall be the down payment out of the purchase price, and the interim payment of KRW 200 million shall be paid on April 15, 2012, and the remainder amount of KRW 500 million shall be paid in full by April 14, 2014.

8. If a lessee fails to purchase an interim payment after paying the interim payment, the interim payment shall be refunded to the lessee at the time the lessor sells the real estate;

Since then, the Plaintiff operated the fish farm in the name of “C” in the instant real estate.

On March 31, 201, the date of the instant agreement, the Plaintiff paid KRW 150 million to the Defendant, KRW 50 million on July 25, 2012, KRW 80 million on September 7, 2012, KRW 70 million on October 9, 2012, and KRW 400 million on April 14, 201, respectively.

On April 14, 2014, the Plaintiff expressed his/her intent to purchase the instant real estate to the Defendant, but failed to determine the scope of the remaining amount due to the cancellation of the right to collateral security.

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