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(영문) 서울중앙지방법원 2015.02.05 2014가합515026
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 31, 2013, the Plaintiff leased the building listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”) from the Defendant as lease deposit amounting to KRW 20 million, KRW 1,200,000, KRW 1,200,000 (excluding value-added tax) monthly rent, and KRW 12 months from March 31, 2013, and operated a restaurant in the name of “D” from the instant building and the instant building owned by the Plaintiff’s punishment.

B. On December 26, 2013, the Plaintiff decided to purchase each of the instant real estate from the Defendant (hereinafter “instant sales contract”) and on December 26, 2013, the Plaintiff purchased each of the instant real estate from the Defendant, with the purchase price of KRW 380 million, and the down payment of KRW 15 million shall be paid on December 26, 2013, and KRW 20 million, out of the remainder of KRW 365 million, shall be substituted by the Plaintiff’s claim for the refund of deposit for lease against the Defendant, and KRW 325 million shall be substituted by the Plaintiff’s acceptance of the Defendant’s obligation to the Plaintiff’s coastal credit cooperative, and the said payment shall be substituted by the Plaintiff’s receipt of documents necessary for the registration of transfer of ownership from the Defendant (hereinafter “instant sales contract”).

C. On December 26, 2013, according to the above sales contract, the Plaintiff paid the Defendant the down payment of KRW 15 million, and paid KRW 20 million on January 27, 2014.

[Reasons for Recognition: Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 7, Eul evidence Nos. 1, 3, 5, and 7, the purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff purchased each of the instant real estate from the Defendant, as indicated in the instant sales contract, at KRW 380,000,000 from the Defendant. The Plaintiff paid the purchase price in full and performed all obligations under the sales contract.

Therefore, the defendant shall execute the registration of transfer of ownership of each real estate of this case to the plaintiff, and against the defendant's Shee Cooperatives.

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