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(영문) 수원지방법원 2014.01.17 2013가단76808
소유권이전등기등
Text

1. The defendant shall receive KRW 45,000,000 from the plaintiff, and at the same time, shall be not less than the amount of KRW 470,00,000 in the Sing-gu C.

Reasons

1. On May 22, 2013, the Plaintiff entered into a sales contract with the Defendant to purchase the instant land owned by the Defendant (hereinafter referred to as “instant sales contract”) with the Defendant on the grounds that there is no dispute between the parties (as to the sales price portion having a dispute, the following is deemed), barring any special circumstance, the Defendant is liable to the Plaintiff to take the procedure for registration of transfer of ownership on the instant land as a result of sale on May 22, 2013.

2. Judgment on the defense

A. The parties' assertion (1) although the sales contract was prepared at the time of the conclusion of the instant sales contract, the Defendant asserts that the Plaintiff’s obligation to pay the above sales price and the Defendant’s obligation to pay the ownership transfer registration are concurrent performance relations, as the actual sales price was KRW 2.5 million under the instant sales contract and the Plaintiff did not receive KRW 45 million among them.

(2) As to this, the Plaintiff asserts to the effect that the sales amount under the instant sales contract was already paid in full to the Defendant with KRW 160 million.

B. (1) According to each of the statements in the evidence Nos. 1, 3, and 4 (including each number), it is recognized that the Plaintiff and the Defendant sold the instant land to KRW 160 million on May 22, 2013, and the down payment of KRW 50 million on the date of the contract, and the remainder of KRW 110 million on the date of the contract, and the remainder of KRW 100 million on June 222, 2013. The fact that the Plaintiff paid KRW 50 million to the Defendant on the date of the contract, and KRW 110 million on July 25, 2013 is recognized.

(2) However, the following circumstances, i.e., the market price of the instant land, at the time of the conclusion of the instant sales contract, exceeded KRW 200 million, which were acknowledged as comprehensively taking account of the respective descriptions of the evidence Nos. 1 through 11 (including each number) and witness D’s testimony, and the Defendant first raised an appeal.

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