beta
(영문) 서울중앙지방법원 2014.12.12 2014가합27963

소유권이전등기

Text

1. As to each real estate listed in the separate sheet to the Plaintiffs, the Defendant is based on sale and purchase on February 21, 2014.

Reasons

1. Determination on the cause of the claim

A. Fact 1) On February 21, 2014, the Plaintiffs and the Defendant each real estate listed in the separate sheet from the Defendant (hereinafter “instant real estate”).

) A contract was concluded to purchase KRW 1,000,000 for the purchase price of KRW 70,000 (hereinafter “instant transaction”).

2) On the other hand, the Defendant explained to the Plaintiffs that the Defendant was planning to sell other real estate owned by the Defendant to another person immediately, and requested the Plaintiffs to prepare again the instant sales contract after the sale. The Plaintiffs accepted it and agreed to prepare again the contract within one month.

(Special Agreement No. 2. 3) Of the instant purchase price, the Plaintiffs paid KRW 100 million as the contract date, and agreed on the remainder, etc. as follows. The intermediate payment of KRW 100 million as to the instant real estate shall be paid upon re-preparation of the contract. The Plaintiffs succeed to the obligation to return the lease deposit of KRW 100 million as to the instant real estate and the secured obligation of KRW 582 million as to the right to collateral security established on the instant real estate, and the remainder of KRW 188 million shall be paid to the Plaintiffs on April 20, 2014. However, on March 13, 2014, the Defendant presented to the Plaintiffs all documents that enable the Plaintiffs to transfer ownership when receiving any balance. However, the Defendant presented to the Plaintiffs a certificate of content that requires the correction (amount of increase) of the instant purchase price, and the Plaintiffs rejected it, and the Plaintiffs again presented the same content to the Plaintiffs on March 26, 2014.

5) On April 1, 2014, the Plaintiffs deposited an intermediate payment of KRW 100 million on the grounds of the Defendant’s refusal to receive payments. On April 22, 2014, the Plaintiffs deposited an intermediate payment of KRW 188 million on the grounds of the remainder on April 22, 2014. [In the absence of any dispute over evidence, the entries in Gap’s Nos. 1, 2, 3, 13, 3, and 6, the witness witness evidence, and the purport of the entire pleadings.

B. According to the above facts of recognition, unless there are special circumstances, the defendant is about the real estate of this case to the plaintiffs according to the sales contract of this case.