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(영문) 광주지방법원 2015.12.04 2015가합56699

소유권이전등기

Text

1. At the same time, the defendant receives KRW 270,000,000 from the plaintiffs, and at the same time, the plaintiffs are provided with Gwangju-gu D Parking lot 535.

Reasons

1. The purchase price of basic facts: Article 2 (Transfer of Ownership, etc.) of the Act on Real Estate (the contract price of KRW 30,000,000 shall be KRW 400,000,000 for the first intermediate payment of KRW 30,000 on February 28, 2014; the second intermediate payment of KRW 30,000 on August 31, 2014; the third intermediate payment of KRW 30,000 on November 30, 2014; the remainder of KRW 270,000 on April 30, 2015; the seller shall pay KRW 30,000 on April 30, 2015; the seller shall deliver all documents necessary for the registration of ownership transfer at the same time as the receipt of the balance of the purchase price; and the delivery date of the said real estate (land of this case) shall cooperate with the buyer on April 30, 2015.

Paragraph (2) of the special agreement: A collateral mortgage (360,00,000 won for the maximum amount of the claim, C-mortgager Gwangju District Credit Union) on the copy of the register made at the time of the contract shall be paid to the buyer for any balance on the date of the balance, and all expenses incurred in the repayment and cancellation shall be borne by the seller at the expense of the seller.

(a).

On September 2, 2013, the Plaintiffs entered into a contract (hereinafter “instant contract”) with the Defendant to purchase a parking lot of 535.5 square meters in Gwangju-dong-gu D (hereinafter “instant land”) (hereinafter “instant contract”), and the major contents of the said contract are as follows:

B. According to the instant sales contract, the Plaintiffs paid each of the Defendant KRW 30,000,00 for down payment on September 2, 2013, and KRW 40,000 for the first intermediate payment on February 28, 2014, and KRW 30,000 for the second intermediate payment on August 28, 2014, and KRW 30,000 for the third intermediate payment on November 30, 2014.

C. On April 30, 2015, the remaining payment date, the Plaintiffs demanded the Defendant to submit documents necessary for the registration of ownership transfer, but the Defendant refused to perform the obligation to transfer ownership on the ground that the Plaintiffs did not prepare for the remainder of KRW 270,000,000.

On June 26, 2015, the Defendant expressed in the reply the intent to cancel the instant sales contract on the grounds of the Plaintiffs’ nonperformance of the obligation to pay the remainder, and the said reply was served on the Plaintiffs on June 29, 2015.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 3 through 5 (if there are serial numbers, including branch numbers; hereinafter the same shall apply).