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(영문) 서울동부지방법원 2018.06.22 2017가합107863

소유권말소등기

Text

1. The defendant,

A. The registration of the branch court of Busan District Court and the branch court of Dong on each real estate listed in attached Table 1 to Plaintiff A, and the registration of the branch court of Dong on each other.

Reasons

1. Basic facts

A. On April 18, 2014, Plaintiff A and the Defendant entered into a contract with the Defendant to sell each of the real estate listed in attached Form 1 in the purchase price of KRW 1.4 billion ( KRW 760 million: KRW 660 million; KRW 4.14 million: KRW 640 million). The contract deposit amount of KRW 80 million was paid as of April 25, 2014 when the contract was entered into, and the remainder of KRW 1.32 billion was paid as of April 25, 2014. As stipulated under the foregoing special agreement, Plaintiff A signed a contract with the Defendant to sell each of the real estate in the name of the Plaintiff. (2) The Plaintiff completed the registration of ownership transfer to the Defendant on April 24, 2014 under the said contract.

3) On April 19, 2018, the Defendant did not pay the purchase price under the above contract, and on April 19, 2018, the Plaintiff sent to the Defendant a peremptory notice of performance that the contract will be rescinded without paying the balance of KRW 450 million within seven days. B) On April 18, 2014, the Plaintiff B entered into a contract with the Defendant to sell the real estate indicated in attached Table 2 in KRW 180 million to the Defendant on April 18, 2014, and the down payment amount of KRW 20 million was paid as the remainder of KRW 160 million in the contract and the remainder of KRW 160 million in April 25, 2014.

As the special terms and conditions of the above contract, there was a statement that “10 million won of the Busan Bank’s liabilities shall be acquired by the buyer. An amount excluding a loan out of the purchase price shall be deposited into the Plaintiff B’s account

2) On April 24, 2014 under the above contract, Plaintiff B completed the registration of ownership transfer for the said real estate to the Defendant on April 24, 2014. 3) The Defendant did not pay the purchase price under the above contract at all, and Plaintiff B sent to the Defendant on April 19, 2018, a peremptory notice of performance stating that the contract will be rescinded if the remainder of the contract is not paid within seven days, and that a peremptory notice will reach the Defendant around that time.

【Legal basis for recognition】