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(영문) 서울서부지방법원 2017.01.26 2016가합1564

소유권이전등기

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1. The Defendants shall receive KRW 1,040,000 each from the Plaintiff, and each of them shall be listed in the separate sheet to the Plaintiff.

Reasons

1. Determination on the grounds of claim against the Defendants

A. On September 2, 2014, the Plaintiff’s agent D, and each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) between the Defendants and the Defendants on September 2, 2014.

() The sales price for the entire amount is KRW 3.28 billion; the down payment is KRW 3.3 billion on the date of the contract; the intermediate payment is KRW 900 million on October 31, 2014; and the remainder of KRW 2.08 billion on December 3, 2014. The Defendants, upon receiving any balance from the Plaintiff, receive the remainder from the Plaintiff; at the same time, receive the documents necessary for the registration of transfer of ownership; and at the same time, deliver the instant real estate to the Plaintiff (hereinafter “the instant sales contract”).

(2) According to the instant sales contract, the Plaintiff paid the Defendants the down payment of KRW 300 million on September 2, 2014 on the date of the contract, and paid the intermediate payment of KRW 900 million on October 31, 2014.

3) Meanwhile, around November 22, 2014, the Plaintiff and the Defendants extended the outstanding payment date on January 5, 2015 at the request of the Defendants so that the Defendants could resolve the issue of delivery of the leased portion with the existing lessees of each of the instant real estate and deliver each of the instant real estate to the Plaintiff by January 5, 2015. (4) The Defendants failed to resolve the issue of delivery of the leased portion with the existing lessees even after the lapse of January 5, 2015, and the Plaintiff withheld payment of KRW 2 billion of the outstanding sales amount.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Gap evidence 2, 14-1, 2-2, the purport of the whole pleadings

B. According to the above facts of determination, barring any special circumstance, the Defendants received from the Plaintiff each of the purchase remaining amount corresponding to the pertinent shares of each of the instant real estate by the Defendant (i.e., the aforementioned purchase remaining amount of KRW 2 billion x 1/2) each of the purchase remaining amount corresponding to each of the instant real estate (i.e., each of the above purchase remaining amount of KRW 2 billion x 1/2). At the same time, each of the instant real estate owned by the Defendant