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(영문) 서울중앙지방법원 2018.07.26 2017가합12801
소유권이전등기청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 10, 2016, the Plaintiff entered into a sales contract with the Defendant and the Defendant with respect to the instant real estate, the Plaintiff set the sales price of KRW 670 million as to the instant real estate, and the down payment of KRW 60 million as at the time of the contract, and the remainder of KRW 610 million as at July 11, 2016 (hereinafter “instant contract”).

The details of the instant contract are as follows. - The seller shall receive the balance of the purchase price, deliver all documents necessary for the registration of ownership transfer, cooperate in the registration procedure, and deliver the instant real estate to the seller on July 11, 2016. - Before the buyer pays the intermediate payment (in the absence of an intermediate payment agreement, the seller shall compensate for the amount of the down payment and the buyer may waive the contract. - If the seller or the buyer is in default under this contract, the contractual party may demand in writing the other party who has defaulted his/her obligation to perform the contract and cancel the contract if he/she did not pay the remainder. In such cases, the seller and the buyer may claim damages against the other party, and Article 5 shall be subject to mutual agreement, unless otherwise agreed on the compensation for damages. [Special agreement] The Plaintiff paid the down payment amount of KRW 60 million to the Defendant on the day of the instant contract.

B. On July 11, 2016, the remainder payment date stipulated in the instant contract, the Plaintiff did not pay the Defendant a balance of KRW 610 million to the Defendant. (2) In the event that the Defendant notified the payment of the remainder to the Plaintiff’s domicile on July 13, 2016 through a limited liability law firm (LLC) and did not pay the remainder within a week, the Defendant would take legal measures, such as rescission of the instant contract, claim for damages, etc.

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