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(영문) 의정부지방법원고양지원 2016.07.15 2015가단15538
소유권이전등기
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant is based on sale on January 10, 201.

Reasons

1. Basic facts

A. On January 10, 201, the Plaintiff entered into a sales contract with D, the Plaintiff’s birth, and through E, the Defendant’s registered directors (hereinafter “instant real estate”). Around January 10, 201, the Plaintiff entered into a sales contract with the Defendant with respect to the instant real estate at KRW 50,00,000, the sales price for the instant real estate was KRW 20,000,000, and the remainder amount was paid at the time of the contract, and KRW 30,000,000, the remainder was paid on February 10, 2011.

The Defendant did not affix a seal to the “Yman” column of the contract deposit, but issued a receipt that received KRW 20,000,000 on the day of the said contract as the down payment and the intermediate payment.

B. On February 9, 201, D was issued a receipt to the effect that: (a) payment of KRW 30,000,000 to E is made on February 9, 201; and (b) receipt of KRW 50,000,000 from E was received on the same day.

On the other hand, on February 10, 201, the following day, the Defendant Company issued to a certified judicial scrivener F, a certificate of personal seal impression for selling real estate as a purchaser, certificate of registration, proxy for application for registration, and documents necessary to implement the registration procedure for transfer of real estate in this case. The Plaintiff received the above documents from the certified judicial scrivener F.

C. On August 10, 2011, the Plaintiff filed an application for provisional disposition with respect to the instant real estate as the preserved right, wherein the registration procedure for the instant real estate was not followed. On August 11, 2011, the provisional disposition was completed.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7, witness E, and witness testimony of Eul, the purport of the whole pleadings

2. The plaintiff alleged by the party shall pay the balance to E as to the conclusion of the sales contract for the instant real estate, and receive documents related to the registration from the defendant, and the defendant shall receive the price of E.

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