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(영문) 수원지방법원성남지원 2016.08.24 2015가단35408
소유권이전등기
Text

1. The Defendant’s sales contract was based on the sales contract executed on February 6, 2013 with respect to the real estate listed in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 7, 2012, the Defendant entered into a construction contract with Dong Heung Construction Co., Ltd., and B, with the content that two units of “D building” were newly constructed on the ground level from the first to the fourth floor on the ground level of “D building” to the fourth floor on the ground level on the ground level of Gwangju City.

(hereinafter “instant construction work”). In the instant contract, the said contract stipulated that real estate (hereinafter “instant real estate”) Nos. 101, 301, and 402 as the construction cost of the instant case and the real estate stated in the separate sheet (hereinafter “instant real estate”) shall be paid in substitutes.

B. On February 7, 2013, the Plaintiff lent KRW 100,000,00 to B with the due date set as April 7, 2013, and the Plaintiff agreed to transfer the right to sell the instant real estate in KRW 170,00,000 to secure the payment of the said loan.

C. As to the instant real estate, the sale price of KRW 170,000 shall be KRW 170,000, and the date of the payment thereof shall be February 6, 2013, and the sale contract in which the date of the preparation of the contract was the official seal, and the said sale contract in which the written contract was written is written in the same letter as the seller, the purchaser, and the Plaintiff and the Defendant’s seal are affixed. The date of issuance is January 11, 2013, and the Defendant’s personal seal impression stated as “the instant real estate for construction cost” is attached.

[Ground of recognition] The fact that there is no dispute, entry of Gap's evidence 1 or Gap's evidence 5 (including a branch number), and the purport of whole pleadings

2. According to the above facts of recognition, the defendant agreed with B to implement the registration procedure for transfer of ownership to the real estate of this case in order to repay the construction price of this case between B and B, and agreed to transfer the ownership to the plaintiff at the request of B.

Therefore, the Defendant, as the payment date of the remainder on the sales contract for the instant real estate, appears to be the date of the preparation of the sales contract.

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