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(영문) 서울고등법원 2016.10.04 2015나2053306
소유권이전등기
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. D is the Plaintiff’s birth. The Defendants are one-half share owners of the instant real estate (three parcels of land).

[The sales contract of this case] The sales contract of this case 1,872,00,000 won 180,000 won in the down payment of KRW 400,000 in the intermediate payment of KRW 1,292,00,000 in the payment of the remainder on March 17, 2014

3. This contract is to deposit part of 40,000,000 won of the down payment into the seller’s account at the time of the contract, and the remainder of the down payment by February 21, 2014.

4. A building permit shall be filed by a seller for the future and the name of the owner shall be changed along with the registration of transfer of land at the time of balance

Seller: B, C buyer: A (Substitution) D

B. On February 17, 2014, D entered into a sales contract on behalf of the Plaintiff with the Defendants to purchase the instant real estate from the Defendants (hereinafter “instant sales contract”). The main contents of the sales contract (A; hereinafter “instant sales contract”) entered into at the time are as follows.

C. On the same day, D prepared a cash storage certificate (hereinafter “the cash storage certificate of this case”) with the following contents in its name and delivered it to the Defendants.

[Amount of Cash Storage] Amount: KRW 483,600,000 as above shall be paid in full on February 17, 2014, and shall prepare this Certificate and write his name and affix his seal to it in order to ensure the receipt (storage) of the above amount.

The reason for storage: In accordance with the sale contract of the real estate of this case, the buyer pays in cash the amount of the principal amount other than the purchase price under the sale contract until the balance is paid, and the seller implements the ownership transfer registration document.

The following shall be paid in installments:

120,900,000

3. 17./

4. 17./

5. 17./

6. 30. Custodians: D

D. The Plaintiff, as down payment, KRW 180,00,000 on February 17, 2014, and KRW 140,000 on February 14, 2014, as down payment, to the Defendants, together with KRW 180,00,000 on February 14, 201.

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