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Reasons
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(영문) 청주지방법원 2019.08.16 2016가단114897
소유권이전등기 청구의 소
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1. The Defendant is based on the sale on March 3, 2016, with respect to the forest land of 7,604 square meters in Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Facts of recognition;

A. 1) On December 4, 2015, the Plaintiff entered into a sales contract and performed the contract with the Defendant, and 7,604 square meters out of 9,124 square meters of forest land owned by the Defendant from the Defendant (hereinafter “instant land”).

A) The purchase price of KRW 120 million is purchased; the down payment of KRW 12 million among the down payment is paid to each Defendant on December 15, 2015 at the time of a contract, the intermediate payment of KRW 20 million, and the remainder shall be paid to each Defendant on December 15, 2015. The Defendant’s obligation to transfer ownership after the relocation of the graves in the instant land and the completion of the partition of the land and the completion of the obligation to transfer ownership (hereinafter “the first sales contract”).

(2) The Plaintiff paid KRW 120,000,000 from December 4, 2015 to March 2016, 2016 to KRW 12,000,000,000,000,000,000,000,000 won and KRW 12,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,00,000,00,00

3) The Plaintiff and the Defendant, a broker of the primary sales contract, failed to file a report on real estate transaction within 60 days from the date of the conclusion of the sales contract, and thus, may be subject to an administrative fine. As such, the Plaintiff and the Defendant solicited to newly prepare the sales contract, and drafted a new sales contract on the instant land as of March 3, 2016 (hereinafter “the second sales contract”).

The actual date of the preparation seems to be from March 3, 2016 to April 14, 2016, which is the remainder payment date following the payment date.

Unlike the first sales contract, the above contract pays the intermediate payment and the intermediate payment to the plaintiff by the date of the preparation of the above contract.

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