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(영문) 서울중앙지방법원 2019.03.21 2018가합561720

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 7, 2018, the Plaintiff entered into a sales contract with the Defendant, setting the sales price of KRW 1.12 million with respect to the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”). The relevant provisions of the sales contract are as follows.

[Purpose] Article 1 [Purpose] Sale of real estate of this case shall be paid by agreement between the seller and the buyer as follows:

A sum of KRW 1120,000,000 for purchase money of KRW 112,000,000 for KRW 112,50,000 for the current rental deposit that the seller cancels by the date of the outstanding payment by the seller shall pay KRW 50,00,000 for KRW 120,000,000 for the buyer’s succession, while the buyer succeeds to the status. < Amended by Act No. 15030, Mar. 10, 2018>

The remaining amount of KRW 338 million shall be paid on April 30, 2018.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all the documents necessary for the seller to transfer ownership, etc. at the same time upon receipt of the balance of the purchase price, and shall cooperate with the registration procedure, and the date of delivery of the said real estate shall be April 30, 2018.

Article 5 [Cancellation of Contract] Before the buyer pays the intermediate payment to the seller, the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and cancel this contract.

Article 6 [Non-performance of Obligations and Compensation for Damages] If a seller or a purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and cancel the contract.

In addition, the parties to the contract may claim damages for the cancellation of the contract respectively to the other party, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.

[Matters of Special Agreement]

2.To register repayment and cancellation of the outstanding maximum amount of debt on the certificate of registration (the actual amount of debt shall not be increased by KRW 250,000,000) in any balance.

3.My.