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(영문) 부산지방법원 2017.11.17 2014나10127
소유권이전등기
Text

1.The text of the judgment of the first instance, including any claims added and modified in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. (1) The Plaintiff is a person who runs the stud rental business, and the Defendant, on November 201, as a person who runs the studio rental business, entered into a partnership agreement with the Plaintiff (hereinafter “instant partnership agreement”) with the content that, around November 201, the Plaintiff purchased the land from the Defendant and the Plaintiff to jointly carry on the business of constructing and leasing the building on the ground (hereinafter “instant business”).

B. 1) The Plaintiff entered into a real estate purchase contract to operate the instant business: (a) the Plaintiff displayed the Plaintiff’s business plan of “D Urban Residential Housing” and the business plan of “E Urban Residential Housing; and (b) entered into a sales contract for each land as follows. (A) On December 21, 2011, the Plaintiff and the Defendant entered into a sales contract with F to pay a down payment of KRW 21 million on the date of the contract, intermediate payment of KRW 89 million on January 10, 201, and the remainder of KRW 10 million on February 15, 2012.

B) On December 21, 201, the Plaintiff and the Defendant: (a) from I on December 21, 201, 60 square meters JJ of Busan-gu (hereinafter “instant third land”).

(C) The Plaintiff, on February 6, 2012, purchased the purchase price of KRW 135 million from Qua-gu Busan, Busan, for the purchase of KRW 9m2,4 million from the purchase price to KRW 24 million on the day of the contract, and the intermediate payment of KRW 30 million on January 10, 2012, concluded a sales contract with the effect that the remainder of KRW 91 million shall be paid on February 7, 2012. (C) The Plaintiff shall pay the said purchase price on the day of the contract by purchasing KRW 24 million from Qua-gu, Busan, Busan, for the purchase of KRW 9m2 from the purchase price.

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