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(영문) 대구지방법원안동지원 2019.08.21 2018가단23919
소유권이전등기
Text

1. The defendant shall be paid KRW 260 million from the plaintiff to the plaintiff simultaneously with the payment of KRW 260 million to the plaintiff.

(a)each entry in the separate sheet;

Reasons

1. Determination as to the cause of claim

A. (1) On November 13, 2018, the Plaintiff paid five million won to the Defendant as a provisional contract deposit in order to purchase each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Defendant.

(2) On November 15, 2018, the Plaintiff purchased each of the instant real estate from the Defendant (the purchase price is KRW 35 million under a sales contract) from the Defendant; however, the Plaintiff concluded a sales contract with the Defendant to pay the remainder of KRW 260 million on November 15, 2018, and KRW 200 million on December 20, 2018 (the remainder of the sales contract includes KRW 225 million) (hereinafter “the instant sales contract”).

(3) On November 15, 2018, the Plaintiff paid KRW 50 million to the Defendant as the down payment, and KRW 20 million as the intermediate payment.

(4) Although the Plaintiff intended to pay the remainder to the Defendant on December 20, 2018, the Defendant rejected the remainder payment by asserting the reversal of the instant sales contract.

[Ground] Evidence Nos. 1 through 5, 7, Eul evidence No. 3, the purport of the whole pleadings

B. According to the facts of the above recognition, the defendant is obligated to pay the remainder of the purchase price from the plaintiff to the plaintiff 260 million won under the sales contract of this case, except in extenuating circumstances. At the same time, the defendant is obligated to take procedures for the registration of ownership transfer and deliver each of the above real estate to the plaintiff

2. The defendant's assertion and judgment

A. The Defendant’s assertion (1) is practically characterized of down payment in light of the following: (a) the Defendant received 20 million won from the Plaintiff on November 15, 2018 as part payments on the contractual date; and (b) the amount of money is a small amount that is deemed as part payments according to transaction practices.

Therefore, the defendant is a sum of 7.7.

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