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(영문) 인천지방법원 2017.06.13 2015가단32218

부동산소유권이전등기말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The relevant Plaintiff is a person who newly built and sold the Dong-gu Incheon Metropolitan City B apartment (hereinafter “sale apartment”) and the Defendant, among them, has sold the real estate listed in the separate sheet (hereinafter “instant real estate”) and has completed the ownership transfer registration under the receipt of No. 51706 on December 3, 2013 (hereinafter “instant ownership transfer registration”) and has resided until now.

B. On November 21, 2013, the Plaintiff entered into an apartment supply contract with the Defendant with respect to the instant real estate (hereinafter “instant agreement”) under which the sales price was KRW 276,002,640 with respect to the instant real estate. (2) After adjusting the sales price, the Plaintiff entered into an agreement (agreement) with the Defendant on December 3, 2013 as follows (hereinafter “instant agreement”).

(hereinafter referred to as “instant contract”. (The content of the instant contract): 186,446,40 won: 22,00,000 won for the remainder payment on the date of the instant contract: 164,446,400 won for the remaining payment on the date of the contract: 164,446,40 won for the contract: 138,000,000 won for December 3, 2013; and 26,446,400 won for each of the following dates: < Amended by Presidential Decree No. 26457, May 30, 2015>

1. The Plaintiff, while receiving only KRW 22,00,000,000 as down payment, shall transfer the ownership of the instant real estate to the Defendant.

2. The defendant shall, at the same time as the transfer of ownership has been completed, pay a part of the remainder of the sale by executing a bank loan (138,000,000 won) on the real property in this case as security.

3. The defendant shall not pay interest on the above 2. Bank loan not less than twice until the purchase and sale balance is paid in full.

4. The remainder of the purchase price of KRW 138,00,000, 186,446,400, excluding KRW 138,000,000, shall be paid until May 30, 2015;

No interest shall be claimed until this time.

(Provided, That interest on delay is set at the rate of 20% per annum). 5. The plaintiff and the defendant

3.4 If the obligation under subsection 4. is violated, it is judged that it is difficult to receive the balance at the time of such violation, and the ownership transfer of the instant real estate.