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(영문) 대구지방법원 2018.02.21 2016가단126484
소유권이전등기
Text

1. The defendant shall receive KRW 155,857,00 from the plaintiff and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On June 26, 2013, the Defendant entered into a contract with the Korea Land and Housing Corporation to purchase real estate listed in the separate sheet (hereinafter “instant apartment”) from the Korea Land and Housing Corporation in KRW 245,793,000 (the amount shall be reduced to KRW 227,857,00 after drilling).

Of the sale price, this contract provides that the down payment is KRW 24,00,000, the first intermediate payment of KRW 36,000,000 on July 30, 2014, and the second intermediate payment of KRW 36,00,000 on June 30, 2015, and the remainder payment is paid as the remainder at the time of occupancy. Accordingly, the Defendant paid the down payment.

B. The Defendant, in mind, requested the Plaintiff, a licensed real estate agent, to mediate the transfer of the sales right under the above sales contract to another person.

The defendant designated the transfer price as KRW 42,100,00 in total, and KRW 1,100,000 in total, and KRW 24,00,00 in sales contract already paid, and the change of the purchaser's name was made two years after the reduction of the transfer income tax, the defendant entered his name, address, etc. in the "transferr" column, such as a transfer contract provided by the plaintiff, a statement of waiver of rights, a statement of transfer, and a statement of performance.

C. However, as of June 26, 2016, the Plaintiff prepared a resale contract (Evidence A 2-1) with the transferee himself/herself as of June 26, 2016, using the form that he/she decided to acquire the right of sale directly by himself/herself, and issued it to the Defendant.

(hereinafter) A contract under the instant resale contract between the Plaintiff and the Defendant (hereinafter “instant contract”). Of the transfer proceeds, the instant contract stipulates that the down payment is KRW 18,100,000, and the remainder is KRW 24,000,000 (the payment date).

Accordingly, the Plaintiff paid 18,100,000 won to the Defendant as down payment.

After that, as the market price of the apartment of this case has increased more than anticipated, there was a dispute between the plaintiff and the defendant on the validity of the contract of this case, the amount of money, the timing of performance, etc.

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