소유권이전등기
The defendant shall be paid KRW 477,00,000 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.
1. Determination on the cause of the claim
A. (i) On October 19, 2019, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 530,000,000, real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) (hereinafter “instant sales contract”) and paid the Defendant the down payment of KRW 53,00,000 by the same day.
According to the instant sales contract, the Plaintiff and the Defendant simultaneously implement the payment of the remainder of KRW 477,00,000 on December 27, 2019 and the delivery of documents necessary for the registration of ownership transfer.
Article 22(1) of the Civil Procedure Act provides that “The Plaintiff shall have agreed to increase the purchase price of KRW 50,000,000, and the Defendant shall have agreed to increase the purchase price of KRW 50,000,000, and the Defendant shall not have agreed to the increase.” However, according to the evidence, the Plaintiff shall agree to the increase, and shall prepare a contract, and deposit part of the amount into the intermediate payment.” Thus, it is acknowledged that the agreement on the change of the contract, including the increase, was finally inconsistent with the agreement on the change of the contract, and the agreement on the change of the contract was concluded only on the increase.
shall not be deemed to exist.
The balance payment date has arrived.
Applicant The instant real estate is subject to the right to collateral security of KRW 77,00,000 on March 20, 2017, and KRW 385,00,000 on June 9, 2017, respectively (hereinafter “each of the instant claims”), as described in paragraph (1) of the Disposition, for each of the instant real estate, the right to collateral security of KRW 385,00,00 on March 20, 201 (hereinafter “the grounds for recognition”): [The fact that there is no dispute, Party A’s entry, 4,5, 8, 10, 11, and 11, evidence No. 1-1, No. 17, and the purport of the entire pleadings]
B. Where a real estate sales contract is concluded, the seller’s duty to register the transfer of ownership and the buyer’s duty to pay the purchase price.