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(영문) 광주지방법원 2015.02.25 2014가단8467
소유권이전등기절차이행청구
Text

1. The defendant is based on the sale on January 19, 2006 as to each real estate listed in the separate sheet No. 1 list to the plaintiff.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking into account the following facts: Gap evidence Nos. 1, 2, 3, Gap evidence Nos. 3, 4, 8, 9, Gap evidence No. 5-1 to 12, Gap evidence No. 6-1 to 87, Eul evidence No. 7-1 to 6, Eul evidence No. 1-1 to 11, Eul evidence No. 1-1, Eul evidence No. 1-1 to 11, Eul's testimony, part of the witness evidence No. 3, defendant's examination result and whole purport of oral argument against the defendant:

On January 19, 2006, the Plaintiff purchased each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) owned by the Defendant from the Defendant (hereinafter “the instant real estate”) in price of KRW 200 million (hereinafter “the instant transaction”), the Defendant, the down payment of KRW 4 million on the date of the contract, and the remainder KRW 196 million on the date of the contract, and the remainder amount of KRW 196 million on February 28, 2006, and agreed to pay KRW 150 million from the financial institution as collateral.

B. The Plaintiff paid the Defendant the down payment of KRW 4 million on January 19, 2006, and KRW 19 million on February 23, 2006, respectively.

C. However, the Plaintiff failed to obtain a loan from a financial institution on the ground that the value of each of the instant real estate does not exceed KRW 150 million.

Around March 2006, the Plaintiff paid 12 million won out of the balance on March 11, 2006, and 15 million won out of the balance on July 31, 2006, respectively, and agreed to delay the payment date for the remaining 150 million won for 30 months, but to pay 450 million won per month as interest.

(hereinafter “instant agreement”). D.

On March 11, 2006, the Plaintiff paid respectively to the Defendant KRW 12 million out of the remainder, and KRW 15 million out of the remainder on July 31, 2006.

E. As shown in attached Form 2, the Plaintiff shall pay to the Defendant the remainder over 30 times from April 11, 2006 to August 11, 2008, 450,000 won per month as interest for the remainder over 150,000 won, and 10,000 won per month as the principal for the remainder over 11 times from September 10, 2008 to September 10, 2013.

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