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(영문) 창원지방법원 2017.04.27 2016가단113958

소유권이전등기

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1. At the same time, the Defendant received KRW 139,00,000 from the Plaintiffs, as well as to the Plaintiffs:

(a) the annexed list (1).

Reasons

1. Basic facts

A. On November 13, 2015, the Plaintiffs decided to purchase real estate (hereinafter “instant real estate”) listed in the [Attachment List (1) owned by the Defendant (hereinafter “instant real estate”) as KRW 634,00,000 from the purchase price, and entered into a sales contract to pay the price as follows (hereinafter “instant sales contract”).

- Of down to KRW 30 million, the remainder KRW 20 million shall be paid on November 20, 2015 at the time of the contract, and the intermediate payment of KRW 50 million shall be paid on December 15, 2015, and the remainder of KRW 29 million shall be paid on January 22, 2016, respectively, and KRW 225 million shall be succeeded by the Plaintiffs.

The balance payment date may be adjusted through consultation by the original defendant.

B. The Plaintiffs paid KRW 10 million to the Defendant as down payment on November 13, 2015, and KRW 20 million on November 19, 2015, and paid KRW 40 million as part payment on December 18, 2015, and KRW 10 million on December 19, 2015.

C. The Defendant occupies the portion of 90 square meters in the ship that connects each point of 1,2,3,4,5,6,7,7,8,9, and 10, 11, 12, 13, and 15 square meters in sequence among detached houses (multi-households) with the second floor of 118.65 square meters of the instant real estate in the order of priority among the items of 1,2, 3, 4, 5, 6, 7, 8, 9, and 10 square meters in the attached drawings (hereinafter “the instant portion occupied”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, and 7 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to implement the registration procedure for transfer of ownership with respect to each portion of 1/2 of the real estate of this case on the grounds of the sales contract of this case, and to deliver the occupied portion of this case.

B. Determination of the Defendant’s assertion (1) The Defendant asserted the rescission of the instant sales contract, and July 5, 2016.