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(영문) 창원지방법원통영지원 2013.11.15 2013가단2978

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

가. 원고는 2009. 11. 26. D와 사이에 그 소유의 거제시 C 대 159㎡ 및 그 지상 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 순차로 연결한 선내 ⓐ 부분 약 67㎡ 1층 함석건물(이하 ‘이 사건 부동산’이라 한다)에 관하여 매매대금을 1,000만 원으로 정하여 매매계약을 체결하였다.

B. On the same day D delivered documents necessary for the registration of transfer of ownership such as a certificate of seal impression for real estate sale and a certified copy and abstract of resident registration to a certified judicial scrivener office

C. After that, D died on March 20, 2012, and D’s transfer registration was completed on April 13, 2012 on the instant real estate due to inheritance by agreement division. D’s transfer registration was completed on April 13, 2012.

On November 21, 2012, the Defendant issued the Plaintiff necessary documents for the registration of transfer of ownership, such as a certificate of seal impression for sale of real estate, a certified copy and abstract of resident registration.

E. On November 25, 2012, the Defendant notified the Plaintiff that the said sales contract will be terminated if the Plaintiff did not pay KRW 10 million for the purchase price of the instant real estate.

[Ground of recognition] A without dispute, Gap's 1 to 4, Gap's 6 to 8, Eul's 1 and 2 (including additional numbers), the purport of the whole pleadings

2. Judgment on the parties' arguments

A. (1) The Plaintiff is obligated to implement the procedure for the registration of ownership transfer on the instant real estate on November 26, 2009, as the Plaintiff, who succeeded to the ownership transfer obligation on the instant real estate from the deceased D, by making the purchase price of KRW 10,000,000,000, by borrowing cash from the Plaintiff-gu, etc.

(2) The Plaintiff did not pay KRW 10 million to Defendant D, and even though the Defendant, who completed the obligation to transfer ownership, notified the Plaintiff of his intention to cancel the said contract on November 25, 2012, the Plaintiff did not pay the said purchase price so far. As such, the said contract was concluded by the Plaintiff.