소유권말소등기
1. The Defendant, on November 17, 2016, filed with the Plaintiff with Suwon District Court in relation to the size of 523 square meters prior to Dongcheon-si.
1. Facts of recognition;
A. On November 11, 2016, the Defendant entered into a contract with the Plaintiff under which the Defendant would purchase KRW 260 million (the contract amounting to KRW 10 million on the date of the contract, and the remainder KRW 250 million on May 2, 2017) with respect to the land of KRW 523 square meters (hereinafter “instant land”).
B. At the time of the instant contract, the Plaintiff and the Defendant stipulated the following special agreement (hereinafter “instant special agreement”).
1. The seller shall transfer the ownership of the buyer at the same time as this purchase and sale contract for the new construction and sale business of the buyer at the same time. 2. The buyer shall, after constructing a new building on the land he has acquired from the seller, sell or secure the land and pay the balance to the seller with the funds incurred therefrom. 3. In the event that the buyer is unable to construct a new building on the land he has acquired by the buyer until May 2017, this sale and sale contract shall become null and void and the seller shall return its ownership.
C. On the day of the contract, the Defendant paid the Plaintiff the down payment of KRW 10 million, and on November 7, 2016, the Plaintiff completed the ownership transfer registration for the instant land based on the instant contract (hereinafter “instant ownership transfer registration”) with the head of Suwon District Court No. 53107 under the receipt of the Incheon District Court’s Branch Office for the said land.
However, the Defendant did not pay the Plaintiff the remainder of KRW 250 million until May 2, 2017, which is the remainder payment date, and did not construct a new building on the instant land by May 2, 2017.
E. Accordingly, the Plaintiff, upon the service of the duplicate of the instant complaint, declared the Defendant to rescind the instant contract on the grounds of nonperformance of the Defendant’s obligation. The duplicate of the instant complaint was served on November 14, 2017 on the Defendant.
Recognizing evidence: