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(영문) 서울남부지방법원 2020.11.03 2020가단251681

소유권이전등기

Text

The defendant is limited to the sale on April 25, 2020 with respect to the real estate stated in the attached list to the plaintiff.

Reasons

In full view of the purport of the arguments in Gap evidence Nos. 1 through 8 (including number 1), the plaintiff entered into a contract with the defendant on April 25, 2020 to purchase the real estate listed in the separate sheet (hereinafter "real estate of this case") at KRW 435,000,000 (hereinafter "the contract of this case"), and the deposit amount of KRW 2.10,000,000 shall be accepted, and the down payment of KRW 43,00,000 shall be paid at the time of the contract, and the intermediate payment of KRW 50,00,000 shall be paid on May 29, 2020, and the balance of KRW 132,00,000 shall be paid on June 29, 200. The plaintiff paid the down payment to the defendant on May 29, 202, the plaintiff refused to deliver the remainder of the payment to the defendant under the Gangseo-gu Seoul District Court's resident registration certificate to the defendant's address.

Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer of the instant real estate for sale on April 25, 2020 according to the instant contract to the Plaintiff.

On July 2, 2020, the Defendant asserted that the instant contract was terminated on the ground that the Plaintiff did not pay any balance to the Plaintiff by July 10, 2020, the Defendant declared that the instant contract was terminated unless the remainder is paid by July 10, 2020.

Since the seller's obligation to pay the remainder of the buyer and the seller's obligation to deliver the ownership transfer registration document are in the simultaneous performance relationship, the seller intends to cancel the sales contract by cancelling the seller's delayed responsibility.