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(영문) 부산지방법원 2015.09.15 2015가단25057
소유권이전등기
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 October 30, 2005, the SnbC Co., Ltd. (hereinafter “SnbC”) concluded a sales contract with the Defendant to purchase KRW 175,00,000 (hereinafter “instant sales contract”) real estate stated in the attached list owned by the Defendant, as indicated in the attached list owned by the Defendant, in order to promote the housing construction project (hereinafter “instant project”).

B. According to the instant contract, KRW 17,500,000 of the down payment is paid at the time of conclusion of the contract with the Dmanmany 60 households, and the remainder without intermediate payment is paid within five months from the date of payment of the down payment, and Slinnn&C paid the down payment around that time.

C. The instant business authority held by SnbC was assigned in sequence as follows.

On September 25, 2008: Doz&WC Co., Ltd. on February 26, 2010: Dozppppp typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ t 2010: E Co., Ltd. on October 17, 2014: The fact that there is no dispute over the Plaintiff (based on recognition), the entries in subparagraphs 1 through 5, and the purport

2. The parties' assertion

A. The plaintiff's assertion was also transferred to the purchaser status under the sales contract of this case by transfer of business right of this case. Thus, the defendant is obligated to pay the balance of KRW 157,500,000 from the plaintiff, and at the same time, to implement the registration procedure for transfer of ownership on the real estate stated in the separate sheet for sale on October 30, 2005.

B. The instant sales contract was null and void by giving up the down payment while the Defendant’s assertion that the remainder payment was delayed, and the instant sales contract was not so void.

Even if SnbC did not notify the Plaintiff of the change of purchaser status, and it did not agree with the Defendant, it cannot respond to the Plaintiff’s request.

3. Determination

A. First, the instant sales contract is concluded.

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