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(영문) 수원지방법원 안산지원 2018.11.15 2018가단65197

소유권이전등기

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1. The defendant is against the plaintiffs:

A. As to the real estate stated in the separate sheet, the reason for sale on July 28, 2018 is limited to that.

Reasons

1. Basic facts

A. On July 28, 2018, the Plaintiffs concluded the following sales contract (hereinafter “instant contract”) with the Defendant regarding the real estate listed in the separate sheet (hereinafter “instant real estate”).

Article 1 (Purpose) In the sale of the above real estate, the seller and the buyer shall pay the purchase price by agreement as follows:

The purchase price of KRW 264,00,000 shall be KRW 170,000,000,000,000,000,000 shall be paid at the time of the contract and received by the buyer at the time of the contract, and the remaining amount of KRW 68,00,000 shall be paid on September 3, 2018.

Article 2 (Transfer, etc. of Ownership) The seller shall, at the same time, deliver all documents necessary for the registration of transfer of ownership to the buyer and cooperate with the registration procedure, and the delivery date of the said real estate shall be September 3, 2018.

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

The buyer of the special agreement will succeed to the present lease contract.

(Deposit 170,00,000 won, and September 17, 2019) The down payment shall be paid KRW 5,00,000 per gold day, and the difference shall be transferred to the account of KRW 5,00,000 on July 30, 2018, and KRW 16,000,000 on August 13, 2018.

B. Under the instant contract, the Plaintiffs paid the Defendant’s community credit cooperatives account (hereinafter “instant account”) KRW 5 million on July 28, 2018 and KRW 26 million on July 30, 2018 as down payment.

C. On August 14, 2018, the Plaintiffs paid the remainder of KRW 68 million to the instant account.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 4 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts of the above determination as to the primary cause of claim, the Plaintiffs fulfilled all the obligation to pay the purchase price under the instant contract, barring special circumstances.