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(영문) 창원지방법원밀양지원 2017.05.31 2016가단12467
소유권이전등기
Text

1. The Defendant made an agreement on August 20, 201 with respect to the Plaintiff’s 2,020 square meters of 2,020 square meters prior to Gyeongnam-gun, Gyeongnam-gun.

Reasons

1. Basic facts

A. On August 20, 2013, the Plaintiff entered into a contract to sell the sales price of KRW 183,300,000,000 (hereinafter “instant sales contract”) of KRW 2,020,00,00,000 (hereinafter “instant land”). At the time, the Plaintiff and the Defendant, along with the instant sales contract, entered into a written confirmation (hereinafter “instant confirmation”) with the following terms and conditions attached thereto (hereinafter “instant repurchase agreement”).

The Plaintiff and the Defendant enter into a contract with the seller on August 21, 2013, when selling and selling the above land of 2,020 square meters in the 2,020 square meters prior to the Gyeongnam-gun where the confirmation is located:

1. In the event that the Plaintiff transfers the purchase price to the Defendant by August 20, 2016, the buyer pays the purchase price of KRW 183,300,000 to the Defendant.

2. It shall be transferred in the name of the Plaintiff of a seller and shall not be transferred in the name of another person.

3.The interest on the bonds shall be paid in an adequate manner after the difference.

4. The expenses required for the registration of transfer to the buyer shall be fully borne by the defendant.

5. The defendant shall pay each interest on the loan.

6. All expenses incurred in the transfer and management shall be borne by the Defendant, and when the Plaintiff moves, the expenses incurred shall be charged.

August 20, 2013

On August 22, 2013, the Plaintiff completed the registration procedure for transfer of ownership based on the above sale of the instant real estate to the Defendant, and received from the Defendant the payment of KRW 6 million on August 20, 2013, KRW 140 million on August 27, 2013, and KRW 30 million on October 21, 2013.

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 4 (including branch numbers, if there is a ground for recognition) and the purport of whole pleadings

2. The parties' assertion

A. On July 2016, the Plaintiff asserted that the Defendant would repurchase the instant repurchase agreement to the Defendant.

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