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(영문) 창원지방법원통영지원 2015.10.29 2015가단22211
소유권이전등기
Text

1. The Defendant is on the ground of sale on September 23, 2013, with respect to the C parking lot 245 square meters in a 245 square meters to the Plaintiff.

Reasons

1. Basic facts

A. On May 6, 2013, the Defendant completed the registration of ownership transfer as the receipt No. 23219 on May 6, 2013, with respect to C parking lot 245 square meters (hereinafter “instant real estate”).

B. As of July 10, 2013, the Plaintiff entered into a sales contract with the Defendant by setting the sales price of the instant real estate as KRW 4.5 million (hereinafter “instant primary sales contract”) (the reported transaction price shall be KRW 3.8 million), and the registration of ownership transfer was completed as of September 5, 2013 by the registration office (the reported transaction price shall be KRW 3.8 million).

C. On September 13, 2013, the Plaintiff terminated the agreement with the Defendant on the instant primary sales contract. On September 23, 2013, the Plaintiff completed the registration of ownership cancellation under the 52063 registry office’s receipt of the instant real estate.

On September 23, 2013, the Plaintiff concluded a sales contract (hereinafter “instant secondary sales contract”) with the Defendant, setting the sales price of the instant real estate as KRW 4.5 million (the contract amounting to KRW 2.5 million, the payment of the contract amount to KRW 2.5 million, and the remainder to KRW 20 million, in May 17, 2015).

E. On May 12, 2015, the Plaintiff paid 20 million won to the Defendant based on the instant secondary sales contract.

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence 1 to 6, the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the determination of the cause of the claim, the Defendant, the seller of the instant real estate, is obligated to implement the registration procedure for ownership transfer of the instant real estate pursuant to the instant secondary sales contract to the Plaintiff, the buyer.

B. The Defendant’s assertion 1) The Defendant owned a building (hereinafter “instant building”) on the land D and E site and the two sites adjacent to the instant real estate, and the name “F” from the instant building.

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