(영문) 서울중앙지방법원 2018.11.15 2017가단5178198

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(영문) 서울중앙지방법원 2018.11.15 2017가단5178198

소유권말소등기

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1. The defendant shall receive KRW 160,000,000 from the plaintiff, and at the same time real estate stated in the separate sheet to the plaintiff.

Reasons

1. Facts of recognition;

A. On October 5, 2015, the Plaintiff concluded the instant sales contract with the Defendant setting the sales amount of KRW 320,000,000 with respect to each real estate listed in the separate sheet owned by the Plaintiff.

B. On November 16, 2015, the Plaintiff completed the registration of ownership transfer based on the instant sales contract to the Defendant, and the Defendant paid KRW 160,000,000 out of the sales price to the Plaintiff on November 18, 2015.

C. Since then, the Defendant did not pay the remainder of the sales, the Plaintiff sent a peremptory notice of performance to the Defendant on September 12, 2017, stating that the instant sales contract will be rescinded if the Plaintiff did not pay the remainder of the sales by September 20, 2017. However, the Defendant did not pay the remainder of the sales by September 20, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 5-1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the Defendant did not perform its duty to pay the purchase price under the instant sales contract.

On the other hand, the Plaintiff’s filing of the instant lawsuit may be deemed as having expressed his intent to rescind the instant sales contract on the grounds of nonperformance of the Defendant’s obligation to pay the purchase price.

Therefore, inasmuch as the instant sales contract was lawfully rescinded due to the Defendant’s nonperformance of the obligation to pay the purchase price, the Defendant, as sought by the Plaintiff, is obligated to refund KRW 160,000,000, which was paid by the Plaintiff, and at the same time, cancel the registration of ownership transfer under the Defendant’s name, which was completed

B. As to this, the Defendant asserted that, inasmuch as C was liable for 160,000,000 won out of the purchase price of this case 320,000,000 won, the Defendant paid the Plaintiff the remainder of KRW 160,000,000, which is one’s own share, and that the Defendant fulfilled all the obligation to pay the purchase price.

Witness

In full view of C’s testimony and the purport of the entire argument, C as to each of the above real estates.

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