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(영문) 서울중앙지방법원 2019.12.18 2019가합518099

소유권이전등기

Text

1. The defendant is paid KRW 1,491,50,000 from each of the plaintiffs, and at the same time, each of the plaintiffs is stated in the separate sheet.

Reasons

1. Basic facts

A. 1) The Defendant completed the registration of ownership transfer of the instant real estate on June 9, 2006. The instant building was converted into an aggregate building on August 8, 2007, and the first and second floors of the instant building were used as a commercial building on August 16, 2007 (the state of the branch office). 2) The Plaintiffs concluded a sales contract with the Defendant to purchase the instant real estate on March 24, 2016 (hereinafter “instant sales contract”). The main contents are as follows: (a) the instant building was a general building on August 16, 207, and was used as a commercial building (the state of the branch office).

The purchase price shall be KRW 3,870,000,000.

387,000,000 won for the remainder of 3,483,00,000 won without contract date and intermediate payment shall be paid respectively on April 28, 2016.

Article 2: The seller shall receive any balance of the purchase price and, at the same time, deliver all the documents necessary for the registration of transfer of ownership to the purchaser and cooperate in registration procedures.

Article 6:Where the seller or the purchaser has failed to perform the terms and conditions of this contract, the other party may notify the other party in writing and cancel the contract.

The parties to the contract may claim the other party for damages arising from the cancellation of contract, and the contract deposit shall be deemed to be the basis for damages, unless otherwise agreed.

The special terms and conditions: The current sales contract is the current facility condition, and the contract is concluded after confirming the absence of defects as a result of the analysis of the certified copy of the register. This contract is a comprehensive transfer and takeover contract that succeeds to the seller's lease business. 3) The Plaintiffs paid KRW 70,000,000 to the Defendant on March 24, 2016, and KRW 267,000,000 to the Defendant on March 25, 2016, and KRW 387,000,000 to the Defendant's husband, respectively, and paid KRW 50,000 to the Defendant on March 25, 2016. (B) The Plaintiffs and the Defendant expressed their intention to rescind the sales contract of this case from March 31, 2016 to April 4, 2016, the remainder payment date of the building of this case.