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(영문) 창원지방법원 2019.01.25 2018나54573
소유권이전등기
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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On December 15, 2016, C, the Defendant’s summary of the Plaintiff’s assertion, visited D Co., Ltd. (hereinafter “D”) to sell each real estate indicated in the separate sheet, owned by the Defendant.

Accordingly, on December 19, 2016, E, the representative director of D, called the Defendant to ask the Defendant for the purchase price of the instant land, and the Defendant demanded to sell the said land at KRW 65 million.

E sought the intent of the Plaintiff’s partner conducting real estate consulting business to purchase the instant land, and F sought to purchase the instant land at KRW 65 million from the Plaintiff, who was his father, who sought a housing site in the Hadong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

Accordingly, on December 19, 2016, the Plaintiff remitted the down payment of KRW 6.5 million to the Defendant’s account.

As such, the Plaintiff and the Defendant concluded a sales contract with the purchase price of KRW 65 million on December 19, 2016 with respect to the instant land, and the Defendant is obligated to implement the procedures for the registration of ownership transfer of the instant land to the Plaintiff.

2. Determination:

A. In order for a contract to be concluded, the agreement between the parties is required to be reached, and such agreement is not required with respect to all matters forming the content of the contract in question, but there is a specific agreement with respect to its essential matters or important matters, or at least an agreement with respect to standards and methods that can specify them in the future. On the other hand, in a case where there is no agreement with the parties on matters that the agreement should be reached, the contract is not concluded unless there is any special circumstance.

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