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(영문) 의정부지방법원 2015.09.10 2015가단106837
소유권이전등기
Text

1. The defendant shall be the plaintiff.

A. As to the real estate listed in the separate sheet, the reason for sale on January 14, 2015 is limited to sale and purchase.

Reasons

1. Basic facts

A. On January 14, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) in the purchase price of KRW 1110 million, but the down payment of KRW 2 million is KRW 8 million on the date of the contract, the intermediate payment of KRW 8 million on January 15, 2015, and the remainder of KRW 11 million on April 30, 2015 (hereinafter “instant sales contract”).

B. At the time of the instant sales contract, the Defendant agreed to the effect that “The purchaser succeeds to the deposit of the current purchaser 500/40.”

C. The Plaintiff paid the Defendant the down payment of KRW 2 million on the day of the contract pursuant to the instant contract, and the intermediate payment of KRW 8 million on January 15, 2015.

On May 4, 2015, the Plaintiff deposited the deposited amount of KRW 9,60,00 as the Franchi District Court No. 2038 in gold 2015 with the Defendant as the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, 10, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the Plaintiff directly paid the Defendant the purchase price of KRW 10 million, and KRW 5 million was deducted from the purchase price by accepting the obligation to refund the lease deposit of the instant real estate, and deducted the remainder of KRW 96 million from the purchase price. The Plaintiff fully performed the obligation to pay the purchase price by depositing the lease deposit of the instant real estate.

Therefore, the defendant is obligated to implement the procedure for ownership transfer registration of the real estate of this case and deliver the real estate of this case to the plaintiff.

3. Judgment on the defendant's assertion

A. The summary of the defendant's assertion made an error in the market price of the real estate in this case and entered into the sales contract of this case at a price below the market price that was lower than the market price due to future redevelopment, etc., while the plaintiff knew of the defendant's mistake, and thus, the defendant entered into the sales contract of this case by mistake of important parts.

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