(영문) 서울북부지방법원 2020.06.03 2019나37777

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(영문) 서울북부지방법원 2020.06.03 2019나37777

소유권이전등기

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1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:

The defendant is against the plaintiff.

Reasons

Facts of recognition

The registration of ownership transfer was completed on December 29, 192 with respect to the apartment of this case, and the registration of ownership transfer was completed on March 5, 2015 to the defendant, who is the south of C, on March 4, 2015.

On January 22, 2018, the Plaintiff entered into a sales contract to purchase the instant apartment from the Defendant (hereinafter “instant sales contract”) with a price of KRW 440 million,00,000,000,000,000,000 for the remainder of KRW 396,000,000,000 on the contractual date, and agreed to receive each payment on July 20, 2018. Article 2 (Transfer of Ownership, etc.) of the same Act provides that the seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price and cooperate in the registration procedure, and the delivery date of the said real estate shall be July 20, 2018.

Article 3 (Extinguishment of Restricted Real Rights, etc.) If a reason exists to restrict the exercise of ownership, such as a mortgage, superficies, right of lease, etc. established on the said real estate, or there is any unpaid tax and other charges, the seller shall remove the defects, burdens, etc. of the said rights and transfer the full ownership to the buyer

except in the rights and amounts agreed to succeed.

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.

[Matters of Special Agreement]

2. The full amount of registered matters shall be set up in E with the amount of the maximum debt, 317,400,000 won, 39,000 won, the maximum debt amount, and 39,000 won, and shall be revoked in full at the time of the remainder;

5.The down payment shall be paid at the time of the contract, and the remainder shall be transferred to NB of the M Bank up to 1/31.

The main contents related to this case among the contents entered in the sales contract of this case shall be as follows.

The plaintiff is 4 million won out of the down payment to the defendant.

유사 판례

-서울북부지방법원 2018.06.05 2017나38776

-인천지방법원부천지원 2020.12.02 2020가합101590

-서울서부지방법원 2016.01.21 2015가합35133

-인천지방법원 2019.04.03 2018가단239416

-춘천지방법원 2019.04.24 2018나51772