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(영문) 서울동부지방법원 2019.04.24 2018가단120941
소유권이전등기
Text

1. The defendant shall receive KRW 26,00,000 from the plaintiff, and at the same time, it shall be within the area of KRW 108,000,000 to the plaintiff, Seongdong-gu, Sungnam-gu.

Reasons

1. Facts of recognition;

A. On June 5, 2018, the Plaintiff entered into a sales contract with the Defendant by setting the sales price of KRW 60,000,000 for the purchase price of KRW 34,000,000 for the land owned by the Defendant, Seongdong-gu, Sung-gu, Sung-gu (hereinafter “instant land”). In any case, the Plaintiff decided to invalidate the sale and purchase transaction if the purchaser did not enter into the qualification certificate for acquisition of farmland, and the remainder paid upon the buyer shall be returned in full. The instant sales contract entered into a contract with the Defendant for disposal of the remainder in lump sum payment at the same time as the sales contract received the remainder and at the same time, the seller entered into a sales contract with the terms of a special agreement stipulating that the seller will deliver the transferred document to the certified judicial scrivener at the same time.

B. However, on June 14, 2018, the Plaintiff visited the Defendant and transferred KRW 34,000,000 out of the purchase price to the Defendant’s account. However, the Plaintiff returned to the Defendant without paying any balance due to the details of the receipt prepared prior to the payment of KRW 26,00,000,000, and filed the instant lawsuit following the following day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay KRW 26,00,000 from the Plaintiff to the Plaintiff for the remaining purchase price of KRW 26,00,000 as the Plaintiff, and to implement the procedure for ownership transfer registration for the instant land on June 5, 2018.

B. On June 14, 2018, the date of the payment of the instant sales contract, the Plaintiff did not pay KRW 26,000,000 out of the price to the Defendant. On June 15, 2018, the following day, the Plaintiff filed the instant lawsuit and did not contact the Defendant. The Defendant’s documents submitted to the certified judicial scrivener’s office had all of the Plaintiff’s discretion, and thus, the Defendant did so.

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