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(영문) 제주지방법원 2018.02.27 2017가단51329
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 6, 2015, the Defendant completed the registration of ownership transfer with respect to each of 2/6 shares of C, 4,175 square meters prior to the annexation (hereinafter “C land prior to the annexation”) and of D, 3,982 square meters prior to the Jeju-si prior to the annexation (hereinafter “D land prior to the annexation”).

On March 20, 2015, D land before annexation with C land prior to annexation was combined, and C was divided into four parcels on May 27, 2015, as shown in the separate sheet.

(hereinafter referred to as “instant real estate”) b. each real estate listed in the separate sheet.

On March 9, 2015, the Defendant, along with a certificate of personal seal impression issued by the Defendant directly to E on the same day, prepared a power of delegation stating that “as to the instant real estate owned by the Defendant (as to the instant real estate (a certificate No. 3 (a delegation letter), it is indicated as “8,262 square meters” in total of three parcels of land, such as “C, D, and F,” but it appears to be a clerical error in the lot number and size indication), each 2/6 portion of the instant real estate, including sale, construction permission, and civil engineering works, shall be delegated to E, including the receipt of the purchase price and the delivery of documents necessary for the registration of transfer of ownership.”

C. On July 31, 2015, the Plaintiff entered into a sales contract with E to purchase 2/6 shares of each of the instant real estate owned by the Defendant for KRW 300 million according to the following content (hereinafter “instant sales contract”).

The purchase price:30 million won (Article 2) - Payment of the purchase price - down payment of KRW 100 million shall be paid at the time of the contract.

- The balance of KRW 200 million shall be paid on November 30, 2015.

(Article 3) The immovable property will be transferred on November 30, 2015.

(Article 5) The seller shall make the documents required for the registration of ownership transfer at the time of receipt of any balance to the buyer.

If a balance of the proviso clause (1) is paid 200 million won, the seller shall conduct the registration of ownership transfer to the buyer.

(2) Circumstances of a purchaser.

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