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(영문) 수원지방법원 2020.08.25 2020가단523197

소유권이전등기

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On November 23, 2019, the Plaintiff and G entered into a contract with the Defendant to purchase real estate listed in the separate sheet (hereinafter “instant real estate”) with the following terms (hereinafter “instant sales contract”), and paid the Defendant the down payment of KRW 63,800,000.

The sales price: 638,00,000 won: The balance of 63,800,000 won (payment at the time of a contract): Article 2 (Transfer, etc. of Ownership on April 10, 2020) of the sales price (the remaining payment date) shall be 574,20,000 won (the remaining payment date) shall deliver all documents necessary for the registration of transfer of ownership to the buyer at the same time as the balance of the sales price is received, and shall cooperate with the procedures for the registration. The delivery date of the said real estate shall be April 10, 20

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

B. On April 7, 2020, the Defendant notified the Plaintiff through H of the cancellation of the instant sales contract, and notified G of the same content by telephone on the same day. On April 10, 2020, the Defendant deposited KRW 127,600,000, a double payment of the down payment, with the Plaintiff and G as the depositee, No. 756 of the Daejeon District Court Branch of Daejeon District Court Decision 2020, Apr. 10, 2020.

【Ground of recognition】 The fact that there has been no dispute, Gap's 2-4 evidence, Eul's 1-2 evidence, the purport of whole pleadings

2. The parties' assertion

A. The Defendant, upon receiving the remainder of KRW 574,200,000 from the Plaintiff in accordance with the instant sales contract, performed the registration procedure for ownership transfer of each real estate listed in the separate sheet and delivered each of the above real estate to the Plaintiff.

On April 1, 2020, H, an agent of the defendant, needs to implement the procedure for the registration of ownership transfer concerning the real estate of this case, and requests the plaintiff to submit a certified copy of the plaintiff's resident registration, and received it from the plaintiff, and the defendant of