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(영문) 서울중앙지방법원 2014.07.17 2013가합70533

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 6, 2012, the Defendant publicly announced a public auction on each of the instant real estate (32 lots, including 104-5 m2, 104-5 m2, 760 m2, and 3 lots on the ground among them) that was disposed of and trusted from EM Industry Development Co., Ltd. (hereinafter referred to as “EM Industry Development”).

On September 25, 2012, the code forest corporation (hereinafter referred to as “coding forest”) purchased each of the instant real property in KRW 10,745,605,800 during the public auction procedure.

(2) The contract amounting to KRW 1,074,560,580 on the day of the contract, and KRW 9,671,045,220 on the day of the contract, and KRW 9,671,045,220 on the day of the contract.

The code forest paid KRW 1,074,560,580 to the defendant on the date of the contract.

On January 24, 2013, the Plaintiff succeeded to all rights and obligations pursuant to the instant sales contract from the Defendant and the Code forest, and the Plaintiff entered into a contract to succeed to the rights and obligations pursuant to the instant sales contract, which was extended on February 28, 2013.

(B) On April 8, 2013, and April 24, 2013, the Defendant notified the Plaintiff that all necessary documents should be prepared for the registration of the transfer of ownership should be paid the remainder at the same time with the receipt of the documents within a given period of time.

After that, on May 13, 2013, the Plaintiff requested the Defendant to postpone the payment date of the remainder on May 31, 2013, but the Plaintiff did not pay the remainder by the said date.

Accordingly, on June 7, 2013, the Defendant sent to the Plaintiff a content-certified mail stating that the instant sales contract will be rescinded on the grounds of the delay of the obligation to pay the remainder, and the content-certified mail reached the Plaintiff on June 10, 2013.

[Reasons for Recognition] A-6,9,15,20, 1-6, 1-6, and the purport of the entire pleadings

2. The defendant's judgment on this safety defense shall be in accordance with the letter of confirmation prepared by the plaintiff on May 13, 2013.