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(영문) 광주지방법원 2018.02.09 2017나55694
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. On November 20, 2015, the Defendant against the Plaintiffs regarding the real estate stated in the separate sheet.

Reasons

Basic Facts

The reasoning for this part of the court's explanation is the same as the corresponding part of the judgment of the court of first instance, and thus, it is accepted by the main text of Article 420 of the Civil Procedure Act.

According to the above facts of determination as to the cause of claim, since a sales contract for the real estate of this case was concluded between the plaintiffs and the defendant, the defendant is obligated to implement the registration procedure for transfer of ownership on November 20, 2015 for the real estate of this case to the plaintiffs.

First, the Defendant’s assertion on the Defendant’s defense, etc.: (a) concluded an initial sales contract for the instant real estate with the Plaintiffs on September 30, 2015; and (b) set the payment date of the remainder on September 30, 2015; (c) the Plaintiffs failed to meet the payment date; and (d) requested the Defendant to change the payment date of the remainder; and (e) extended the payment date of the remainder to November

However, even if the Plaintiffs did not perform their obligation to pay the remainder of the purchase and sale even until the date of the remainder payment, the date of the remainder payment was extended to May 30, 2016. On May 30, 2016, the sales contract was automatically rescinded if the Plaintiffs fail to pay the remainder by May 30, 2016.

However, the Plaintiffs failed to pay the remainder of the purchase and sale by May 30, 2016, which is the remainder payment date, and the Defendant extended the remainder payment date by June 10, 2016, but the Plaintiffs did not pay the remainder of the purchase and sale by June 10, 2016, so the sales contract for the instant real estate was rescinded in accordance with the aforementioned automatic cancellation agreement.

Second, the Plaintiffs agreed with the Defendant to bear the transfer income tax arising from the sales contract for the instant real estate.

However, the plaintiffs are the defendants with the phrase "as to the sale price" in the part concerning "transfer price" in paragraph 24 of the certificate of real estate sales contract.

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