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(영문) 수원지방법원 성남지원 2018.11.22 2017가단224097

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 4, 2017, the Plaintiff entered into a sales contract with the Defendant, stating that the purchase price shall be KRW 790 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 on the date of the contract, and the remainder of KRW 760,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,00

B. On July 17, 2017, the Defendant sent to the Plaintiff a content-certified mail stating that “to cancel the instant sales contract due to a personal inevitable reason, and to refund KRW 60,000,000,000,000,000,000 of the down payment (hereinafter “instant cancellation notice”),” and sent the same document to D, a licensed real estate agent for the Defendant’s side, also.

C. D received the above document around 10:34 on July 18, 2017, the following day, and immediately sent the document by facsimile to E, a real estate agent on the part of the Plaintiff.

On the other hand, the content-certified mail sent to the plaintiff's domicile was not served as a closed door absence.

G et al. (the Plaintiff’s legal representative is also the Plaintiff’s legal representative) sent to D a document to the effect that “the rescission of the instant sales contract is not legitimate,” around July 18, 2017, by facsimile around 11:50, while sending the same document to the Defendant.

E. On July 19, 2017, around 09:07, the Defendant deposited KRW 60 million, which is a double of the down payment, with the Plaintiff as a depositee, as the head of the Suwon District Court’s Sung-nam Branch in 2017 gold No. 2336.

F. Meanwhile, on July 19, 2017, the Plaintiff is the Defendant at the D’s brokerage office for the payment of the remainder under the instant sales contract.