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(영문) 인천지방법원 2016.03.11 2015가합57832

소유권말소등기

Text

1. The Plaintiff:

A. Defendant B is the Incheon District Court with respect to each real estate listed in the separate sheet Nos. 1, 2, and 3.

Reasons

1. Facts of recognition;

A. On January 31, 2013, the Plaintiff: (a) purchased each real estate listed in attached Tables 1, 2, and 3 (hereinafter “instant real estate”) in attached Tables 1, 2, and 3 to Defendant B; (b) KRW 2.540 million [the purchase price of KRW 2.50 million (the intermediate payment of KRW 600 million, the remainder of KRW 1.740 million, and the remainder of KRW 1.740 million]; and (c) on January 31, 2013, the payment date of the down payment shall be the date of the contract; (d) the intermediate payment of KRW 3 minutes on January 31, 2015; and (e) January 31, 2016; and (e) the remainder shall be paid with the down payment on January 31, 2018; and (e) the ownership shall be transferred to the Defendant B, with a special agreement.

B. On the same day, the Plaintiff donated each real estate (hereinafter “real estate Nos. 4 and 5 of this case”) listed in the attached Tables 4 and 5 to the Diplomatic Association of the Korea Coast Guard, which is the representative of Defendant B (hereinafter “Defendant D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’) on the said land within three

C. On February 15, 2013, Defendant B paid KRW 200 million to the Plaintiff. On February 20, 2013, the Plaintiff completed each registration of transfer of ownership as to the instant real estate Nos. 8188 on February 20, 2013 with respect to the instant real estate Nos. 1, 2, and 3 to Defendant B, the Dongcheon District Court, Dongcheon District Court, Incheon District Court, No. 8188, Feb. 20, 2013. On the same day, Defendant B completed each registration of transfer as to the instant real estate Nos. 4 and 5 with the same registry office No. 8189, Feb.

The Defendants did not commence to pay the remaining purchase price until now, and the Plaintiff cancelled the sales contract on September 14, 2015 on the grounds of Defendant B’s nonperformance of obligation to pay the purchase price, and the Defendant’s missionary center sent to the Defendants a certificate of the content that the said contract was cancelled on the grounds that it is evident that the Defendant’s missionary center is not able to construct the missionary center under the said special agreement until February 20, 2016, and reached September 15, 2015.

(e).