소유권이전등기
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On March 28, 2018, D, representing the Plaintiff, purchased the instant real estate from the Defendants for their joint ownership (each of the shares 1/2) in KRW 110,000,000, but the down payment of KRW 100,000,000, on the date of the contract, entered into a sales contract with the Defendants to pay the remainder of KRW 100,000 on April 30, 2018 (hereinafter “instant sales contract”). On that day, D paid the Defendants the down payment of KRW 10,00,000 on that day.
(However, the sales contract was written on April 2, 2018). (B)
Article 2 of the Special Agreement provides that “The owner of each unit of the apartment E apartment, which is an aggregate building to which the instant building belongs, will be paid in April of this year, shall jointly provide the apartment rooftop to the telecommunications company as antenna installation, and shall mean a certain amount of money received from the above telecommunications company in April, July, and September in return for such payment. The seller shall receive and the buyer shall receive the antenna expenses received in July and September.”
(hereinafter “instant special agreement”). Meanwhile, the said antenna cost is an average of KRW 100,000 per month.
C. Around April 2018, the Plaintiff’s agent D began to demand the Defendants to guarantee the payment of the antenna cost, as it is impossible for the Plaintiff to receive the antenna cost for six months after the purchase of the instant real estate in accordance with the practice of E apartment.
Around April 28, 2018, D requested the Defendants to postpone the payment date of the remainder on the ground that the Defendants did not raise an objection to the antenna rent which had been at issue until now, and the Defendants extended the payment date of the remainder on May 25, 2018.
E. However, on May 17, 2018, D paid the remainder to the Defendants’ agent F, “The whether the Plaintiff is entitled to receive the antenna cost for six months after the purchase of the instant real estate is an important condition under the instant sales contract.”