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(영문) 서울남부지방법원 2020.01.15 2019가단228685
소유권이전등기
Text

1. The Defendant made a sales contract on March 8, 2019 with respect to the real estate stated in the attached list to the Plaintiffs.

Reasons

As to the real estate stated in the attached Table list, D and the Defendant paid the purchase price of KRW 1.6 million on March 8, 2019; the down payment of KRW 1.65 million; the intermediate payment of KRW 1150 million; the remainder of KRW 2.90 million; and D paid KRW 100 million out of the down payment to the Defendant on April 29, 2019; on March 11, 2019, it agreed between the Plaintiffs and the Defendant to change the purchaser from D to the Plaintiffs; and on March 11, 2019, Plaintiff B paid the remainder of KRW 60 million to the Defendant on April 11, 2019; the Plaintiff and the Defendant entered the same details as the Plaintiffs in the contract to change the purchaser from D to the Defendant; and on April 1, 2019, it is recognized that the Plaintiffs paid the remainder of KRW 300 million to the Defendant on April 29, 2019 to the Seoul District Court.

The Plaintiffs filed for the registration of ownership transfer on the ground that they paid the full amount of the purchase price under the instant sales contract, and the Defendant intended to refund KRW 100 million to D. The relevant account was not added, and the instant sales contract was forced by E and the Plaintiffs, etc. to make the instant sales contract due to attack and intimidation, and thus, the instant sales contract was invalid or the intermediate payment substituted by the transfer deposit was null and void, and thus, it did not receive the purchase price.

It is not recognized that the sales contract of this case was concluded by threat and threat, E, etc., and the deposit is accepted by only the statement of evidence Nos. 1 through 17, by returning the down payment to the first sales contract between the plaintiff and D.

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