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(영문) 서울중앙지방법원 2015.01.26 2012가단25768
소유권이전등기말소등기
Text

1. The Defendant’s real estate from December 5, 201 to KRW 220,00,000 from the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 2, 2011, the Plaintiff sold real estate (hereinafter referred to as “the apartment of this case”) listed in the separate sheet to the Defendant for KRW 320,00,000,00, and received the down payment of KRW 40,000 on the date of the contract, and the remainder of KRW 280,000,000 on November 3, 201. However, the Plaintiff was not fully responsible for the name of real estate, and the Plaintiff did not bear any responsibility for the name of real estate, and the separate registration of the land listed in the indication number 3 in the indication of the real estate ownership registration is entirely assumed by the Defendant, and the provisional registration No. 21 and the seizure registration No. 31 in the title A of the instant apartment of this case were agreed to be liable and cancelled by the Plaintiff

(However, the sales contract entered the sales amount into KRW 250,000,000; hereinafter the above sales contract was entered into the sales contract. (B)

On November 3, 2011, the Plaintiff received KRW 180,000,00 from the Defendant and completed the registration of ownership transfer for the apartment of this case. On the same day, the Defendant issued a promissory note to the Plaintiff with the purchase price of KRW 320,000,000 among the outstanding amounts of KRW 70,000,000,000, and the due date for payment of KRW 1 and 30,000,000, which are promissory notes issued by C in order to secure the payment of the remainder of KRW 100,000,00 as a result of the instant sales contract, and on the same day, the Plaintiff, the Defendant, and the Defendant, and the Plaintiff, the same day, “C shall issue to the Plaintiff a promissory note to the Plaintiff with the outstanding amount of KRW 320,00,000 among the outstanding amounts of KRW 70,00,00,000, and the Plaintiff’s promise to pay KRW 70,70,00,00.”

C. The Plaintiff did not receive KRW 70,000,000 from D, and the Defendant did not pay KRW 100,000,000 until November 30, 201. Around December 2, 2011, the Plaintiff sent a demand notice to the Defendant to pay KRW 100,000,000 to the Defendant by December 12, 2012.

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