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(영문) 울산지방법원 2018.12.05 2017가합22854
소유권이전등기
Text

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

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

Reasons

1. The parties' assertion

A. On April 6, 2010, the Plaintiff sold each real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant B for KRW 1.5 billion.

As to the payment method of the purchase price at the time of the above sale, the Plaintiff and Defendant B agreed to take over the secured debt of the right to collateral security, which caused the maximum debt amount of KRW 840 million existing in the instant real estate by Defendant B, and to pay in reality the remaining amount of KRW 660 million after deducting the above KRW 840 million from the purchase price of KRW 1.5 billion.

The Plaintiff completed the registration of ownership transfer of the instant real estate to Defendant C, the title trustee on the date of the above sales contract.

However, from April 20, 2010 to October 13, 2010, Defendant B paid a total of KRW 151,230,000 to the Plaintiff as the purchase price, and Defendant B did not pay the remainder of KRW 508,770,00 (=60 million - KRW 151,230,000).

In addition, on August 201, Defendant B prepared and issued to the Plaintiff a written confirmation that he did not pay part of the purchase price at the beginning of August 2011.

The plaintiff cancelled the sales contract with the defendant B on the ground of the above default by the defendant B. The defendants are obligated to implement the procedure for the registration of ownership transfer of the real estate of this case and deliver the real estate of this case to the plaintiff as stated in the main purport of the claim.

However, the Defendants asserted that the parties who entered into a sales contract with the Plaintiff are Defendant C, not Defendant B. Thus, in the event that the parties to a sales contract are Defendant C, the Defendants jointly and severally perform the procedure for the registration of ownership transfer of the instant real estate to the Plaintiff (the Plaintiff cannot know the internal relationship of the Defendants in detail, so the Defendants are jointly and severally obligated to deliver the instant real estate in preparation for the case of joint buyers) and the instant real estate.

B. A sales contract with the Plaintiff for the instant real estate is concluded.

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