logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.11.20 2018가단17375
소유권이전등기말소등기등
Text

1. The defendant on Nov. 1, 2008, as to the land listed in the attached list to the plaintiff, the Gwangju District Court's net support registry office.

Reasons

1. The parties' assertion

A. On November 10, 2008, the Plaintiff, around November 10, 2008, sold to the Defendant the share in land (hereinafter “instant land” and “instant share”) listed in the separate sheet at KRW 20,00,000, down payment KRW 3,000, and the remainder KRW 17,000,000, and the Plaintiff completed the registration of ownership transfer prior to the Defendant’s payment of the purchase price (hereinafter “instant sales contract”).

Accordingly, on November 14, 2008, the Plaintiff completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) under the receipt No. 11027 on November 13, 2008 with respect to the instant land portion to the Defendant on November 14, 2008, the Defendant did not pay the remainder until the instant lawsuit is filed.

Accordingly, the Plaintiff rescinded the sales contract of this case on the grounds of the Defendant’s delay of performance through the Defendant’s demand notice of performance.

Therefore, according to the cancellation of the sales contract of this case, the defendant is obligated to cancel the registration of transfer of ownership of this case to the plaintiff and pay the plaintiff the amount of KRW 6,000,000,000, which is a double of the down payment, as compensation for damages, and if the sales contract of this case is valid in preliminary terms, the defendant is obligated to pay the remainder amount of KRW 17,00,00

B. Although there was a fact that the Defendant entered into the instant sales contract, the sales amount was paid in full.

2. Judgment as to the main claim

A. As to the purchase price of the instant land’s share, the Plaintiff is disputing KRW 20,00,000, and the Defendant is disputing KRW 1,500,00,00, this is examined.

According to the statement in Gap evidence No. 1, 2008, a sales contract was prepared to sell the share of the land of this case to the defendant on November 10, 2008, and the fact that the plaintiff reported the real estate transaction contract to the head of Gu Gun is recognized with the same content.

However, No. 6, A.

arrow