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(영문) 광주지방법원 2015.09.18 2014나6301
소유권이전등기
Text

1. The decision of the court of first instance against the defendant in excess of the following order of payment.

Reasons

The Plaintiff and the Defendant, on September 21, 2013, entered into a contract with the Defendant to purchase a total of four parcels of G, D, E, and F and its ground buildings owned by the Plaintiff (hereinafter “instant sales contract”), and drafted a sales contract (Evidence A2) stating the subject matter of the sale as KRW 360,000,000 (contract amounting to KRW 324,000,000,000,000,000,000 for the remainder payment, and KRW 324,00,000,000,000 for each contract, as of September 27, 2013).

On October 7, 2013, with respect to the instant sales contract, the Plaintiff and the Defendant stated the date of concluding the contract on October 7, 2013; as F, G, D, E Building 25 square meters; and as F, E Building 26.35 square meters, the purchase price was 220,000,000 won (in the case of a contract with a contract amounting to KRW 30,000,000, an intermediate payment was paid at KRW 160,000,000; payment of KRW 30,000,000 on October 7, 2013; payment of KRW 30,000; January 18, 2018); respectively, the Plaintiff drafted a new sales contract with a special agreement stating, “100,000 square meters from G reply to that of the seller’s ownership.”

On October 1, 2013, the Defendant paid KRW 190,000,00 to the Plaintiff out of the purchase price under the instant sales contract. The Plaintiff completed the registration procedure for ownership transfer with respect to the Francheon-si Fro 679 square meters, G field 951 square meters, D unit 76 square meters, E unit 31 square meters, and the Plaintiff transferred the Defendant a general steel structure / light steel framed structure / light steel framed structure 1st 5.7 square meters, 2nd 31.68 square meters, and 15 square meters of 15 square meters of storage in the light steel framed area (hereinafter collectively referred to as the “instant operating building”).

[Ground of recognition] A without dispute, each entry of Gap evidence Nos. 1 through 4 (including additional numbers), the result of the verification by this court, appraiser H’s appraisal result, and the party’s assertion as to the purport of the entire pleadings, at the time of conclusion of the instant sales contract, the part of the instant real estate out of G land in order to leave the real estate owned by the plaintiff at the time of conclusion of the instant sales contract.

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