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(영문) 창원지방법원 2017.01.19 2016가합97
소유권이전등기
Text

1. The Defendant’s KRW 580,569,509 among the Plaintiff and KRW 325,556,300 among the Plaintiff, shall be KRW 25,56,300 from July 12, 2014, KRW 255,013,209.

Reasons

1. Basic facts

A. On January 10, 2012, the Plaintiff, C, and D sold KRW 615 million to the Defendant of KRW 947 square meters (hereinafter “instant land”) owned by the Plaintiff, C, and D sold the instant land in the name of the Defendant around March 5, 2012.

B. After the Defendant purchased the instant land, if the construction cost is insufficient to construct the apartment on the instant land, and if the Plaintiff were to be leased KRW 100 million, the amount of the building price purchased by the Defendant on the instant land along with the instant land and the transfer income tax (the transfer of the instant land bears the transfer income tax to be imposed on the Plaintiff by the Defendant) paid by the Plaintiff on the Plaintiff in a lump sum, KRW 180 million. The Plaintiff lent KRW 100 million to the Defendant on January 17, 2013, and the Defendant promised to collect KRW 180 million from the Plaintiff and comply with the following matters. (i) On September 28, 2012, the amount of KRW 10 million was borrowed on a yearly basis, KRW 30 million, KRW 80,000,000 from the loan price, KRW 30,000,000 from the loan price, KRW 130,000,000,000,000.

The indication of real estate: In selling the above real estate of KRW 120 million per household (total amount of KRW 240 million), the defendant shall immediately transfer the above real estate to the plaintiff at the time of the completion of the construction of the building and apply the sale price for the transfer of the real estate, and the transfer cost shall be borne by the plaintiff.

Of the sale price, KRW 180 million shall be paid as the down payment, and the intermediate payment of KRW 20 million shall be paid by October 15, 2012, and the remainder amount of KRW 40 million shall be paid at the same time as the completion.

C. On September 24, 2012, between the plaintiff and the defendant, the following:

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