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(영문) 서울서부지방법원 2018.11.09 2017가단234623

소유권이전등기말소 등

Text

1. The defendant is against the plaintiffs:

(a) The Incheon District Court with respect to each share of 1/4 of the real estate listed in the Schedule 1.

Reasons

1. Facts of recognition;

A. On February 12, 2015, the Plaintiffs owned 1/4 each of the F large 728 square meters in Kimpo-si, Kimpo-si, and 77.59 square meters in G road (hereinafter “instant land”) equal to the shares indicated in the attached Table 2, and concluded a real estate sales contract with the Defendant under the following conditions:

o The purchase price shall be KRW 489,797,00. (20 million in building 180,000,000 in value-added tax separate. Land 291,797,000 in value-added tax) 130,000 won in o deposit and payment at the time of a contract: Provided, That the down payment on the land shall be substituted by the balance of the first site electrical construction (130,000 won).

180,000,000 won out of the part payments shall be replaced by the cost of new construction of a building (the defendant's share), and the defendant shall succeed to a loan (loan) of 165,000,000 won.

B. On April 7, 2015, the registration of ownership transfer for each of the instant land was completed to the Defendant.

C. However, the Defendant did not succeed to KRW 165 million under the instant contract, and the Plaintiffs paid interest on the said loan.

On June 1, 2017, the Plaintiffs notified the Defendant and the Defendant’s R of the rescission of the instant sales contract.

E. Plaintiff B paid interest of KRW 7,344,42, total amount of KRW 21,876,080 until July 1, 2018, 2015, KRW 5,387,562, KRW 5,225,850, and KRW 21,876,080.

[Grounds for recognition] Evidence Nos. 1 through 14, the purport of the whole pleadings

2. According to the facts of recognition as to the plaintiffs' claim, since the sales contract of this case was lawfully cancelled due to the defendant's failure to perform its obligations, the defendant is obligated to perform the procedure for cancellation registration of ownership transfer registration completed by the Incheon District Court Branch, the Busan Branch, the Kimpo Office, and the registration office of ownership transfer completed by No. 30756 on April 7, 2015 with respect to each one-fourth share of the real estate listed in the separate sheet 1, and to implement the procedure for cancellation registration of ownership transfer registration completed by the Incheon District Court, the Busan Branch, the Branch, the Kimpo Office, and the registration office of ownership transfer completed by No. 30757 on April

In addition, the defendant's 21,876,080 won and the above plaintiff.