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(영문) 전주지방법원 2020.09.01 2019가단12352
소유권이전등기
Text

1. The defendant shall receive KRW 60,000,000 from the plaintiff, and at the same time, shall be each real estate listed in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On March 29, 2019, the Plaintiff purchased each real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) from the Defendant to KRW 140 million, but the down payment of KRW 10 million is KRW 50 million at the time of a contract; the intermediate payment of KRW 50 million on April 29, 2019; the remainder of KRW 60 million on May 29, 2019 was agreed to pay each of the instant sales contract (hereinafter “instant sales contract”); paid KRW 10 million on the date of the contract; paid the down payment of KRW 120 million on May 29, 2019 to the Defendant’s account; in order to reduce tax burden, the purchase price was written in terms of KRW 120,000,000,000,000 and KRW 20,000,000,000,000 in cash from the Defendant on the date of the contract; and paid KRW 20,500,00.

B. However, the Defendant, who had an uneasy as to the fact that the instant sales contract was prepared and that it would come to run in the national rental housing, had an uneasy in mind: (a) on April 14, 2019, the Defendant sent to the licensed real estate agent C, who arranged the instant sales contract, a message stating that “I would cancel the instant sales contract; (b) C sent it to the Plaintiff; and (c) on several occasions from April 15, 2019 to April 26, 2019, the message stating that “I will cancel the instant sales contract; (e) send the account number to the Plaintiff; and (e) sent the Plaintiff’s account number on April 30, 2019.”

C. Nevertheless, the Plaintiff and C shall be the Defendant.

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