소유권이전등기절차이행 청구의 소
1. As to KRW 324,175,502 among the Plaintiff and KRW 30,000 among them, the Defendant shall pay to the Plaintiff KRW 324,175,502 from August 10, 2015, and KRW 292,89,462.
1. Basic facts
A. On June 22, 2015, the Plaintiff and the Defendant concluded a sales contract to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendant from the Defendant (hereinafter “instant sales contract”) at KRW 940 million.
At the time, the instant real estate was established on May 28, 2013, the right to collateral security of the Defendant (B) and the maximum debt amount of KRW 576 million (the actual debt amount of KRW 480,000,000) and the right to collateral security of Han Bank (hereinafter “A bank”) established on May 29, 2013, KRW 340,000 (the register includes KRW 320,000,000,000,000).
Accordingly, the instant sales contract concluded: (a) the Plaintiff acquired the collateral obligation of one bank’s maximum debt amounting to KRW 576 million and the security deposit obligation of KRW 120 million for the real purchase price; (b) the down payment shall be KRW 90 million; and (c) the remainder of the down payment shall be KRW 70 million on the date of the contract; (d) June 23, 2015; and (e) the remainder of the down payment shall be paid KRW 30 million on July 31, 2015; and (e) the remainder shall be paid in the amount of KRW 30 million on the date of the contract; and (e) the registration of the purchaser shall be completed by September 30, 2015, even if the registration of the issue at issue is delayed due to the buyer’s occurrence.
B. On July 9, 2015, the Plaintiff and the Defendant: (a) paid the down payment of KRW 90 million on the same day (the down payment of KRW 40 million until July 15, 2015); (b) paid the intermediate payment of KRW 30 million on August 10, 2015; and (c) paid the remainder payment of KRW 30 million on a deposit basis and the takeover of the obligation subject to security deposit and the obligation subject to security deposit in lieu of the payment of the remainder by October 10, 2015; and (d) partially amended the instant sales contract to deliver documents necessary for the registration of transfer of ownership on the same day.
(2) The Plaintiff, without distinguishing between the sales contract as of June 22, 2015 and the sales contract as of July 9, 2015, is “instant sales contract.” Accordingly, the Plaintiff on July 9, 2015 to the Defendant.