소유권이전등기
1.The judgment of the first instance shall be modified as follows:
The defendant is paid KRW 171,50,000 from the plaintiff.
1. Facts of recognition;
A. C is the husband of H, who is the Plaintiff.
B. The Plaintiff, via C on January 26, 2007, purchased the purchase price of KRW 290,025 square meters from the Defendant, Kim Jong-si, Kim Jong-si, as KRW 290,000,000, and the down payment of KRW 100,000,000 on the date of the contract, the intermediate payment of KRW 50,000 on February 3, 2007, and the remainder of KRW 140,00,000 on March 31, 2007 (hereinafter “instant sales contract”).
C. The real estate listed in the foregoing Paragraph (b) was divided into each real estate listed in the separate sheet on April 17, 2008.
(hereinafter referred to as “instant real estate” after the division 【the grounds for recognition”), the fact that there is no dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings.
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff paid KRW 100,000,000 to the Defendant as the down payment on January 26, 2007, and paid KRW 50,000 as the intermediate payment to the firstman on February 2, 2007. As such, the Defendant is obligated to receive the remainder of KRW 140,000 from the Plaintiff pursuant to the instant sales contract, and at the same time, to implement the registration procedure for transfer of ownership for the instant real estate on January 26, 2007.
B. Defendant’s assertion 1) The Defendant merely received KRW 18,500,000, which is part of the down payment from the Plaintiff, and did not receive the remainder down payment or intermediate payment. As such, in order for the Plaintiff to seek the implementation of the procedure for registration of ownership transfer concerning the instant real estate, the remainder of KRW 271,50,000 (=290,000 - 18,500,000) shall be paid to the Defendant. (2) Since the Plaintiff did not pay only a part of the down payment, and did not pay the remainder of the down payment and intermediate payment after a considerable period of time, and the Defendant notified the Defendant that the instant sales contract was cancelled orally, the instant sales contract has no effect.
(hereinafter “Claim for First Rescission”). 3 Plaintiff is out of the down payment in the instant lawsuit.