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(영문) 전주지방법원 정읍지원 2018.09.13 2017가단3107
소유권이전등기
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant is based on sale on February 28, 2017.

Reasons

1. Facts of recognition;

A. The Defendant is the owner of the real estate indicated in the attached list of the four parcels located in the territory of the Jeonbuk-gun, Jeonbuk-gun (hereinafter “instant land”).

B. On February 28, 2017, the Defendant: (a) sold another parcel of land adjacent to the instant land to E, a village resident; (b) expressed the intent to sell the instant land to E; and (c) introduced E as a village resident, F to the appropriate purchaser.

C. The Defendant drafted a sales contract concerning the instant land (hereinafter “instant sales contract”) at the same day at a nearby certified judicial scrivener office. At this place, the Defendant served as the Plaintiff’s mother B at the office, and B was present at the place where the sales contract was prepared.

The instant sales contract provides that KRW 10 million, out of the purchase price of the instant land of KRW 13 million, shall be paid as the down payment on the date of conclusion of the contract, and that the seller shall pay the remainder in June 28, 2017, the seller’s column includes the Defendant’s name, and the Defendant’s seal is affixed next thereto, and the buyer’s column includes the Plaintiff’s name and the Plaintiff’s seal is affixed next thereto.

On the other hand, the special terms and conditions of the sales contract of this case include the fact that the sales price is deposited into the Defendant’s agricultural bank account, and that “the buyer may change the sales price at the time of payment.”

E. B transferred KRW 10 million to the Defendant’s agricultural bank account around February 28, 2017, around 19:18.

F. On June 21, 2017, the Defendant sent to the Plaintiff, under the name of G law office, a document verifying the content that the real estate sales contract for the instant land constitutes a title trust prohibited by the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), and reached that time. On June 28, 2017, the Plaintiff was the Suwon District Court on the ground of the Defendant’s refusal to receive any balance under the instant sales contract.

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