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(영문) 대구지방법원 2015.07.03 2014나14632
소유권이전등기
Text

1.The judgment of the first instance shall be modified as follows:

As to each real estate listed in the separate sheet, the defendant.

Reasons

1. Basic facts

A. When the construction fund was insufficient while entering into a contract for the construction of the Moel construction located in Busan City and the development of the tax industry (hereinafter “tax industry development”) and the construction was conducted, the Defendant raised the funds by using each real estate listed in the separate sheet (hereinafter “each real estate of this case”) as indicated in the Defendant’s ownership, and was introduced by the Plaintiff through F in charge of the construction of the Moel construction as E in the tax industry development.

B. On March 15, 2013, the Defendant entered into a pre-sale agreement with the Plaintiff on each of the instant real estate (hereinafter “instant pre-sale agreement”) and completed the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) in the Plaintiff’s name on the 18th of the same month, and the main contents of the pre-sale agreement are as follows.

Article 1 The payment shall be determined by 423,00,000 won, and the buyer shall be deemed to have paid to the seller at the domicile of the seller without specifying the period, and simultaneously made at the time of the resolution of the completion of the sale at the same time as the seller pays the payment to the seller.

Article 2 In the event of an expression of intent to pay the price and to complete the sale under the preceding Article, the ownership of the sold real estate shall be naturally transferred to the buyer on such terms, and each Do Governor shall immediately apply for the registration of ownership transfer of the said real estate, and also deliver the said real estate to all persons.

Section 4. The buyer shall pay to the seller the sum of KRW 423,00,00 at the same time as the deposit in the formation of this contract and at the same time the seller shall receive such payment.

C. Meanwhile, among each of the instant real estates, the provisional registration of the right to claim partial transfer of ownership in the name D was completed. However, on March 14, 2013, the day before the date of the instant promise to sell and purchase, the Plaintiff drafted a loan certificate with “180 million won in principal, the due date for payment, the rate of 24% in September 30, 2013, and the rate of 24% in interest.”

In addition, the plaintiff is from the defendant on the same day.

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