소유권이전등기
1. At the same time, the defendant receives KRW 68,250,000 from each of the plaintiffs, and at the same time, written in the attached list to the plaintiffs.
1. Facts of recognition;
A. The Defendant is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).
B. On September 10, 2018, the Plaintiffs, as married couple, concluded a sales contract with the Defendant on the instant real estate with the following terms:
(hereinafter “instant sales contract”). Sales amount of KRW 330,00,000 (contract amount of KRW 33,000,000, remainder of KRW 297,000,000) [Matters under special agreement] - Mortgage maximum debt amount of KRW 150,00,000, KRW 333,600,000, and the seller shall cancel the total amount on the balance date.
- The buyer is scheduled to lease on the balance date and actively cooperate in the lease contract.
-The down payment shall be remitted on September 11, 2018, 7,000 won on the date of the contract, the remainder of 26,000,000 won;
C. The Plaintiffs paid the Defendant the sum of KRW 33,00,000,000 on September 10, 2018, and the following day, September 26, 2018, as down payment, KRW 33,00,000,000.
Although the content of the intermediate payment is not stated in the instant sales contract, the Defendant demanded KRW 30,000,000 and the Plaintiffs paid KRW 30,000,000 as part payment on October 8, 2018.
E. On January 2019, Plaintiff B agreed to provide D organizations and the instant real estate as security and to obtain a loan of KRW 195 million.
Accordingly, on January 31, 2019, D organization deposited KRW 194,925,00 after deducting KRW 75,000 from the revenue stamp tax of KRW 75,00 in the Plaintiff B’s account, and deposited KRW 277,053,537 in the said account in excess of KRW 267,00,000 (=the purchase price of KRW 330,000,000 - the contract amount of KRW 33,000,000).
D Organizations have not completed the registration of ownership transfer on the remaining payment date, and have cancelled the above loans at 4 p.m. on the same day.
In this case, there was a difference.
F. The remaining payment date of the instant sales contract was postponed on January 31, 2019 or at the Defendant’s request. However, the Defendant did not appear at the promise place on February 1, 2019, and on the same day, lost trust relationship between the parties.