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(영문) 서울서부지방법원 2015.11.13 2015가단226703

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 July 6, 2015, the Plaintiff: (a) purchased KRW 111,60,000,000 of the purchase price, which the Plaintiff owned by the Defendant, for the purchase price of KRW 401,00,000 of the D Multi-household Housing No. 401 in Eunpyeong-gu Seoul, Seoul, which is owned by the Defendant; (b) purchased KRW 111,60,000 of the maximum loan amount (loan principal KRW 96,000; (c) paid KRW 5000 of the down payment at the time of the contract; and (d) written a sales contract stating that the remainder of KRW 39,00,000 shall be paid on July 9, 2015 and received real estate on the

B. The special terms and conditions of the above sales contract include each registration of KRW 102,788,931, and KRW 111,600,000,000 of the maximum debt amount of the loan amount of the Seoul Agricultural Cooperative Co., Ltd., the mortgagee of the right to collateral security No. 3 of the register No. 9 of the register of the register of the register of the company (the maximum debt amount of the loan amount of KRW 96,00,000). The above debt shall be assumed, but the settlement shall be made at the time of ownership transfer registration. The money related to the purchase price shall be deposited into

C. On July 6, 2015, the Plaintiff received one receipt stating that “A receipt of the down payment, which was received from C, was made on July 9, 2015,” and that “a receipt was received with the remainder of 3,000 million won.”

On July 9, 2015, the Plaintiff prepared documents to implement the procedure for the registration of ownership transfer of the real estate listed in the attached Table “to the Defendant,” and sent a certificate of content stating that the Plaintiff shall be present at E-real estate (former F Real Estate) by July 13, 2015.

【Reasons for Recognition】 Each entry of evidence Nos. 1 through 7, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff asserts that, as the Plaintiff concluded a sales contract with the Defendant on the real estate stated in the separate sheet and paid all the sales amount, the Defendant, as stated in the sales contract, shall perform its obligations as a seller, as stated in the purport of the claim, and shall compensate the Plaintiff for the Plaintiff’s damages due to nonperformance.

(2) The defendant does not have the right of representation against C.