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(영문) 광주지방법원순천지원 2017.05.11 2016가단74153
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 11, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 313.1 square meters of the C’s land site in the instant case (hereinafter “instant land”) as a broker for licensed real estate agents D, and the Plaintiff paid KRW 270 million on the date of the contract and the remainder of KRW 20 million on the date of the contract, and at the same time upon completing the registration of transfer of ownership on June 11, 2016.

(hereinafter referred to as “instant sales contract”: Provided, That the Plaintiff and the Defendant agreed to report the sales price of KRW 250 million, not only the actual sales price of KRW 290 million, but also the actual sales price of KRW 250 million.

B. The Plaintiff paid the Defendant the down payment of KRW 20 million on the day of the contract.

C. On April 25, 2016, upon receiving a request from the Plaintiff to the effect that a licensed real estate agent D may pay a balance from the Plaintiff, and thus, sent the Plaintiff’s horse to the Defendant around April 25, 2016. On April 27, 2016, the Defendant sent the Plaintiff’s horse to the Defendant. On April 27, 2016, the Defendant sent the Plaintiff to the Plaintiff at D office.

On April 26, 2016, the following day, the Defendant called D around April 26, 2016, to the effect that “it is impossible to prepare an unlawful multiple contracts.” On April 27, 2017, the Defendant called D to the effect that “The cancellation of the promise is different because it is thought that it will complete the registration of transfer of ownership after receiving any balance from the Plaintiff.”

D delivered the Defendant’s words to his employee E, and E sent the Defendant’s words to the Plaintiff.

E. On April 28, 2016, the Plaintiff unilaterally transferred KRW 24 million to a bank account in the name of the Defendant stated in the instant sales contract.

F. On May 2, 2016, the Defendant notified the Plaintiff of the termination of the sales contract on April 28, 2016 by telephone, text, and Kakax, and requested the Plaintiff to transfer the down payment. The Defendant sent the Plaintiff’s account number without telephone to the Plaintiff, thereby proving the content of the contract.

The amount of money distributed to the down payment shall be compensated, and on April 28, 2016, the plaintiff shall make the contract.

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