logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.03.22 2017가합51888
소유권이전등기
Text

1. The Plaintiff:

A. Defendant B received KRW 650,000,000 from the Plaintiff at the same time, and simultaneously with the land indicated in Appendix I.

Reasons

. Any balance, other than the amount paid, shall be paid on January 19, 2018;

Article 2 (Transfer of Ownership) A seller of a real estate sales contract shall deliver all documents necessary for the registration of transfer of ownership to a buyer at the same time as the balance of the purchase price is received, and cooperate with the registration procedure, and the delivery date of the said real estate shall be January 19, 20

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

Attachment of Special Agreement

5. This Agreement shall be entered into together with E and D, and E will be divided into two parcels for which the seller is responsible and liable.

Provided, That one parcel divided by E (one parcel on the map) shall be registered on December 10, 2017, and one parcel (one parcel on the map) divided by E and D shall be transferred on January 19, 2018.

provided that the period shall be adjusted to 10 days with mutual agreement.

* Additional special agreement*

6. Any balance arising from the transfer of ownership on December 10, 2017 by an intermediate payment of 300 million won and the left-hand side of the entire parcel shall be paid simultaneously;

Meanwhile, at the time of the instant sales contract, the registration of the establishment of a collateral security in the name of the debtor B and the agricultural cooperative as a monthly maximum amount of KRW 650 million was completed with respect to the land prior to the instant division, but there was no collateral obligation as of the date of the closing of argument in the instant case.

B. On August 23, 2017, Defendant B notified the Plaintiff of the cancellation of the sales contract of Defendant B, “The land listed in Appendix II (1/2 shares of the instant co-owned land) among the land subject to the instant sales contract was concluded as an unauthorized Agent without delegation from Defendant C, a co-owner, and thus, Defendant C also notified the Plaintiff that he would cancel the entire sales contract and return the entire contract deposit.” On the same day, Defendant C also notified Defendant C of the fact that he would return the entire contract deposit to the Plaintiff.

arrow