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(영문) 울산지방법원 2016.09.30 2016가단50053
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On February 9, 2010, the Plaintiff concluded a sales contract with Defendant B, C, and E to purchase each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from Defendant B, C, and E (hereinafter “each of the instant real estate at the time,” and was five parcels at the time, but the road site was partitioned into eight parcels, as seen below, and the road site was partitioned into eight parcels) with a price of KRW 933 million (4.5 million per square, the down payment of KRW 150 million per square, the down payment of KRW 150 million per square, and the down payment of KRW 783,00,00 on the date of the contract, and the remainder of KRW 783,00 on February 26, 2010 (hereinafter “instant contract”).

The above sales contract includes a special agreement stating that “Inasmuch as part of each of the instant real estate is expected to be sold to a third party as a road site, it shall be excluded from this case’s sale and purchase, the accurate road area shall be deducted from the balance at the time of the balance payment, and then the purchaser shall sell it directly to a third party if the road area is not specified by the time of the balance payment.”

B. Under the instant sales contract, the Plaintiff paid KRW 150 million to Defendant B, representing the seller, as the down payment.

C. As the Plaintiff did not pay any balance after the remaining payment date, Defendant B, representing the seller, sent a letter of content-certified payment demanding the Plaintiff to pay the remainder on October 12, 2010. D.

E on February 21, 2011, the wife of Defendant B sold each real estate listed in the separate sheet Nos. 6 through 8 to Defendant D and completed the registration of ownership transfer in the future of Defendant D.

In the process, Defendant D succeeded to the seller's status under the contract of this case.

E. As the Plaintiff continued not to pay any balance, Defendant B sent again a content-certified mail demanding the Plaintiff to pay any balance on October 19, 201 and October 27, 201.

Accordingly, on October 31, 201, the plaintiff has delayed the payment of remaining benefits through the content-certified mail.

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