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(영문) 수원지방법원 2017.02.07 2016가단504694
소유권이전등기
Text

1. All of the plaintiffs' claims against the defendant are dismissed.

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

Reasons

1. Grounds for recognition;

A. On December 31, 2015, the Plaintiffs purchased the real estate listed in the separate sheet (hereinafter “instant apartment”) from the Defendant as KRW 370,00,000,000, and the down payment of KRW 28,800,000 is paid on the date of the contract; the remainder of KRW 341,20,000 on the date of the contract; and the remainder of KRW 341,20,000 on January 25, 2016; and as a matter of a special agreement, the Plaintiffs are the sales contract of the current facilities; ② the “mortgage 240,000,000,000 for the maximum debt amount on the entire certificate of the registration.”

(3) The registration of ownership transfer claim No. 5 of the former priority order shall be cancelled by the seller’s responsibility until January 8, 2015, and the complete ownership shall be transferred (D), 4. The deposit shall be transferred to the seller’s account (agricultural Co., Ltd.) and 5. Other matters shall be purchased under an agreement to comply with laws and practices related to real estate sale and purchase (hereinafter “instant sales contract”).

On December 31, 2015, the Plaintiffs paid KRW 28,800,00 to the Defendant as the down payment of the instant sales contract.

On January 5, 2016, the Defendant cancelled the provisional registration made for the apartment of this case.

B. Upon entering into the instant sales contract, the Defendant: (a) purchased the remainder of KRW 250,00 from Suwon-gu F apartment 250, 906 to the Plaintiffs on January 25, 2016 after the date of the instant sales contract; and (b) planned to pay the remainder on January 25, 2016; and (c) notified the Plaintiffs of the balance to pay the remainder on January 25, 2016, upon receiving the payment of KRW 341,20,000 from the remainder of the instant sales contract.

C. On January 25, 2016, when the plaintiffs paid the remainder of the sales contract of this case at the H Licensed Real Estate Agent Office located in Young-gu G shopping district, Young-gu, Young-gu, Seoul, which is the place of payment for the remainder of 12:00, the Defendant cancelled the mortgage of this case by repaying the said money to the mortgagee of the dispute of this case, and then cancel the said mortgage.

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