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(영문) 서울중앙지방법원 2020.05.08 2019가단5075644
소유권이전등기
Text

1. The defendant shall be the plaintiff.

A. The sales contract was based on the sales contract executed on September 6, 2016 with respect to the CJ 596.2 square meters in Seopo-si, Seopo-si.

Reasons

A. On April 11, 2016, the Plaintiff purchased the instant access road again, and completed the registration of ownership transfer in the name of E with respect to the instant access road.

C. On May 27, 2016, the Defendant agreed with F on May 27, 2016, that “The real estate 250 square meters of the instant real estate after the completion of civil engineering shall be free of charge, and the transfer tax arising therefrom shall be borne by the purchaser; the difference between the transfer tax on the instant access road and the transfer tax amount of KRW 32,783,00 shall be immediately transferred to the account; and F shall cancel the collateral security of the M Bank on May 30, 2016.”

F decided to resell the instant real estate in KRW 250,00,000 to the Plaintiff. Accordingly, on September 6, 2016, the Plaintiff, Defendant, and F drafted a land sale contract with respect to the instant real estate retroactively to May 10, 2016, with respect to the instant real estate:

The purchase price of KRW 75,00,000, down payment of KRW 10,000,000 shall be paid and received at the time of a contract. Any balance of KRW 65,00,000 shall be paid on October 30, 2016.

* Matters of special agreement*

1. The sales contract is prepared by the Defendant by succession to the sales contract entered into between the former owner E and F on May 10, 2015. 2. F shall deposit KRW 18,000,000 in the account of the Defendant corporate account to be paid to E by October 31, 2016.

Buyer: Defendant, transferee: Plaintiff

E. As to the instant real estate on the same day, the Plaintiff, the Defendant, and the F drafted a land sale contract with the following content:

The seller and the buyer shall conclude a sales contract with regard to the real estate indicated as follows:

1. Indication of real estate: 250 square meters of the real estate in this case;

2.In the sale of the immovable property in section 1 of the terms of the contract, the buyer will pay the sale price as follows:

Article 2 The seller shall receive the balance of the purchase price from the buyer, at the same time deliver all documents necessary for the registration of transfer of ownership to the buyer, and cooperate with the buyer for the registration of transfer.

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