소유권이전등기
1. The defendant shall receive KRW 600 million from the plaintiff at the same time with regard to the real estate stated in the attached list to the plaintiff.
1. Facts of recognition;
A. On November 23, 2017, the Plaintiff entered into a contract with the Defendant to purchase Yongsan-gu Seoul Metropolitan Government and Yongsan-gu (hereinafter “instant apartment”) for KRW 1.2 billion (hereinafter “instant contract”), which is owned by the Defendant, and paid down payment KRW 120 million to the Defendant.
The payment date of KRW 480 million out of the above purchase price is March 9, 2018, and the remaining payment date of KRW 600 million is June 4, 2018.
B. Article 5 of the instant contract (hereinafter “instant rescission clause”) provides that “The seller may compensate the seller for the remainder of the down payment before the buyer pays the intermediate payment (if there is no intermediate payment), and the buyer may waive the down payment and rescind the said contract.”
C. E, an employee of the Defendant’s licensed real estate agent, sent the Plaintiff’s intent to cancel on December 14, 2017 by means of mobile phone text, which is KRW 20 million, to the Plaintiff’s side. On January 31, 2018, the penalty for breach of contract was lowered to KRW 100 million.
On February 2, 2018, the Plaintiff deposited part of the intermediate payment into the Defendant’s deposit account in KRW 420 million.
E. On February 6, 2018, the Defendant notified the Plaintiff of the intention to rescind the agreement in a way favorable to both sides through consultation and the same month.
9. A deposit of KRW 240,000,000,000 and KRW 660,000,000,000,000 for part payment paid by the Plaintiff and part of the intermediate payment paid by the Plaintiff was made.
F. On March 9, 2018, the date of the intermediate payment payment, the Plaintiff deposited the remainder intermediate payment of KRW 60 million.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 8, Eul evidence 5, the purport of the whole pleadings
2. The plaintiff's assertion: The defendant is obligated to pay the balance from the plaintiff under the contract of this case and simultaneously perform the procedure for the registration of ownership transfer of the apartment of this case.
Defendant: A new address shall be prepared with the selling money of the instant apartment.