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(영문) 대전지방법원 서산지원 2018.12.06 2018가합50408
소유권이전등기
Text

1. As to each real estate stated in the separate sheet to the Plaintiff, the Defendant is based on sale on May 29, 2017.

Reasons

1. Basic facts

A. On May 29, 2017, the Plaintiff entered into a sales contract with the Defendant to purchase the purchase price of 1478 square meters and 3025 square meters (attached Form 6) prior to Seosan-si, Seosan-si (the indication of real estate shall be written only with its lot number; hereinafter the same shall apply) for KRW 1478 square meters and E 3025 square meters, and entered into an agreement with the purchaser to designate the purchaser as “A and 3,” and the first intermediate payment of KRW 100 million on the date of the contract, the first intermediate payment of KRW 100 million on May 30, 2017, and the second intermediate payment of KRW 200 million on the completion of the division of 2083 square meters and 1478 square meters prior to D, and the remainder of KRW 300 million on October 31, 2017.

(hereinafter “instant sales contract”). B.

After the instant sales contract, C forest land 2083 square meters was divided into F forest land 1168 square meters (attached Form 2), G forest land 860 square meters (attached Form 5), and G forest land 1478 square meters prior to H was divided into 200 square meters prior to H (attached Form 1 real estate), 618 square meters prior to IJ (attached Form 3 real estate), and 660 square meters prior to J (attached Form 4 real estate).

C. The Plaintiff paid KRW 200 million to the Defendant on the day of the instant sales contract, and the following day, respectively. The Defendant deposited KRW 40,000,000 as the principal deposit on July 10, 2017 with the Defendant on the ground that the Defendant refused to receive the unpaid purchase price of KRW 340,000,000 (Seoul District Court Seosan Branch Office No. 673, 2017) and KRW 30,000,000 on November 1, 2017 (Seoul District Court Seosan Branch Office No. 1255, Seosan Branch Office, 2017).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The facts that the instant sales contract was concluded between the Plaintiff and the Defendant with respect to the cause of the claim, and the fact that the Plaintiff paid the full amount of the purchase price by direct payment or deposit to the Defendant are as seen earlier. Therefore, the Defendant, barring any special circumstance, makes the Plaintiff the instant sales contract as to each of the real estate stated in the separate sheet (hereinafter “instant real estate”).

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