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(영문) 부산지방법원 서부지원 2018.06.29 2018가단100487
소유권이전등기
Text

1. The Defendant received KRW 329,000,000 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a) the annexed list;

Reasons

1. Basic facts

A. (1) On January 10, 2017, the Plaintiff (Buyer) entered into the instant sales contract with the Defendant (seller) on January 10, 2017, and in real estate listed in the separate sheet (hereinafter referred to as “instant land”), the land among them is the “instant building”, the “instant building” and the “instant real estate” by combining the land and buildings with each other.

3) The sales contract of this case is a contract under which the sales price is set at KRW 365,00,000 (hereinafter “instant sales contract”).

(2) The main contents of the instant sales contract are as follows.

2. Article 1 of the Terms and Conditions of the Contract is to pay the purchase price as listed below. KRW 365,00,000 for the down payment of KRW 36,000 for the purchase price and KRW 329,000 for the remainder, without the intermediate payment, shall be paid on June 30, 2017. Article 5(5)(i) of the Contract provides that the buyer shall reimburse the seller before the buyer pays the intermediate payment (in the absence of the intermediate payment agreement, the remainder) to the seller, and the buyer may waive the down payment and cancel this contract.

any special agreement - The payment of any balance shall be made not later than a week prior to the date of directors of the seller.

(F) May 2017 to July 2017) - The present contract will be newly prepared one month prior to the remainder payment date (the date of migration of the seller).

In principle, the contents of the present contract shall be in principle.

- The seller shall accept a written consent to land use from the buyer on the cadastral map marked 3 meters of attachment 1-3 meters.

- This contract shall become effective from the time of deposit of 36,00,000 won to the bank account of the seller.

3) According to the above sales contract, the Plaintiff paid the Defendant the down payment of KRW 36,00,000 on the day of the contract. (b) The Plaintiff’s residential sales and the Defendant’s co-ownership share rearrangement 1) in order to raise the remainder of the instant sales and the construction cost of the building that is scheduled to be charged on the instant land, the Plaintiff, on April 26, 2017, sold the amount of KRW 510,00,000 to Nonparty D’s KRW 292,000,000,000 for the remainder of the instant sales and the instant land.

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