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(영문) 부산지방법원 2018.05.01 2017가단318852

소유권이전등기

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1. The Defendant shall pay to the Plaintiff KRW 10,00,000 and the interest rate of KRW 15% per annum from November 9, 2017 to the date of complete payment.

Reasons

Basic Facts

On February 28, 2017, the Defendant completed the registration of ownership transfer with respect to each real estate listed in the separate sheet, and on the same day, the registration of ownership transfer with respect to the real estate listed in paragraph (1) of the attached list (hereinafter “real estate 1”) was completed by the obligor, the Defendant, and the Busan City Fisheries Cooperatives, with respect to the registration of the establishment of a neighboring mortgage by the obligor, the obligor, the mortgagee, and the Busan City Fisheries Cooperatives, and the real estate listed in paragraph (2) of the attached list (hereinafter “second real estate”).

On March 7, 2017, the Plaintiff purchased the instant real estate at KRW 11,50,000 with the purchase price. The down payment of KRW 2,500,000,000, the contract date, intermediate payment of KRW 5,000,000, respectively, shall be paid on March 17, 2017, and the remainder of KRW 4,000,000 shall be paid on April 6, 2017, and the buyer shall be responsible for the buyer’s succession or repayment of the debt with the right to collateral security loan, and the buyer shall be “one other than the Plaintiff,” and the buyer entered into a sales contract to the effect that the registration of ownership transfer is completed (hereinafter “the instant first sales contract”).

On March 7, 2017, the Plaintiff purchased the instant KRW 11,500,00 with the purchase price for the instant real estate as KRW 11,50,00,000; however, KRW 2,50,000 with the contract date, the intermediate payment of KRW 5,00,000 on March 17, 2017, and the remainder of KRW 4,000 with the remainder of KRW 4,00,00,00, respectively, shall be paid on April 6, 2017; the buyer is responsible for the succession or repayment of the debt with the right to collateral security; and the buyer is responsible for the buyer; and the buyer concluded a sales contract to the effect that the registration of ownership transfer is completed in the name of “foreign-party 1” (hereinafter “instant second sales contract”).

Article 6 of the 1 and 2 sales contract of this case provides that if the seller or the purchaser fails to perform the terms and conditions of this contract, the other party may give written notice to the person who failed to perform the contract and cancel the contract.

In addition, the parties to the contract shall compensate for damages.