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(영문) 대구고등법원 2019.10.24 2018나21662
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. C (hereinafter “C”) is an executor who constructed a new E building located in D (hereinafter “E building”) at the time of residence and completed registration of ownership preservation on February 27, 2007, and F Co., Ltd. (hereinafter “F”) is a fund manager and entered into a real estate security trust agreement with C on the E building and completed registration of ownership transfer on February 27, 2007.

B. On August 10, 2006, the Plaintiff entered into a sales contract with C to sell the F1-story G store (20.85 square meters in exclusive use area, 27.78 square meters in common use area, 10.41 square meters in common use area, 48.63 square meters in common use area, hereinafter “instant real estate”) among E buildings in lots in the amount of KRW 126,940,000 in lots (hereinafter “instant sales contract”).

The amount to be paid as of August 12, 2006, the amount to be paid as of the date of installment payment (the original down payment) shall be the intermediate payment (the first), 19,041,000 part payment (the second part) on September 5, 2006 (the second part) (the second part) on September 19, 2006, September 25, 2006; 19,041,000 part payment (the third part) on October 25, 2006; 25,38,000 part payment (the fourth part) (the fourth part) on December 25, 2006; 15,38,388,000 remainder on April 31, 2007;

C. According to the instant sales contract, the Plaintiff paid C the down payment of KRW 12,694,00 on the day of the contract, and paid C the down payment, intermediate payment, and remainder as shown below.

12,694,00 intermediate payment 12,694,000 intermediate payment 12,694,000 intermediate payment 2 (15%) on April 10, 206 19,041,003 (15%) on October 25, 2006 3 (20%) on October 25, 2006 (20%) on October 25, 2006 25,38,004 (20%) on December 25, 2006, 2004 (20%) on December 25, 2006, the Plaintiff shall pay the remainder of 25,38,000 occupancy designation 20% on December 38, 200, 126,940,940,000 payment method and ① the sale price specified in the sale contract.

(2) If a plaintiff fails to pay an intermediate payment and any balance within an agreed period, he/she shall pay the late payment charge calculated based on the number of days in arrears by applying the overdue rate of 17% per annum to the amount in arrears to C, and if any delay occurs, the payment shall be made.

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