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(영문) 창원지방법원밀양지원 2015.04.01 2013가단3615
소유권이전등기
Text

1. The Defendant’s sale of real estate indicated in the attached list to the Plaintiff is based on January 23, 2013.

Reasons

1. According to the evidence evidence Nos. 1 through 5, 12 as to the cause of the claim, the Plaintiff entered into a contract with the Defendant on January 23, 2013 to purchase the real estate listed in the separate sheet at KRW 63,000,000 (the down payment of KRW 10,000,000 on January 23, 2013, intermediate payment of KRW 15,000 on February 24, 2013, and KRW 38,000,000 on May 30, 2013) (hereinafter “instant sales contract”), and the Defendant entered into a contract with the Defendant to purchase the real estate listed in the separate sheet at KRW 63,00,00 on January 23, 2013 (hereinafter “instant sales contract”).

1. The intermediate payment of KRW 15,000,000, and the same year;

7. The remaining amount of KRW 38,00,000 shall be paid, and on February 2, 2015, the deposited person shall be the Defendant and deposited KRW 63,000,000 as the purchase price of the instant sales contract under the Changwon District Court Seoyang-gu Branch of the Changwon District Court was KRW 2015.82. Thus, according to the above facts of recognition, the Defendant shall be liable to the Plaintiff to implement the registration procedure for transfer of ownership based on the instant sales contract with respect to the real estate listed in the

2. Judgment on the defendant's assertion

A. 1) On May 30, 2013, the Defendant prepared documents necessary for the registration of transfer of ownership, prepared the Plaintiff, and did not pay any balance, and notified the Plaintiff of the payment of the balance by June 30, 2013. On June 20, 2013, the Defendant notified the Plaintiff that the instant sales contract will automatically be cancelled on the ground that the balance would not be paid by the due date. However, on June 30, 2013, the instant sales contract was rescinded on June 30, 2013, since the Plaintiff did not pay any balance by June 30, 2013. In addition, the instant sales contract was rescinded on June 30, 2013 without any objection to the Plaintiff’s deposit amounting to KRW 63,00,000,000, which the Plaintiff deposited by the Defendant for the refund of the purchase price. The instant sales contract was rescinded as stated in the grounds for deposit.

B. Each written evidence Nos. 1 B-1 to 7 alone, the Defendant provided implementation necessary for the delivery of real estate in the separate sheet as of May 30, 2013 and the implementation of the procedures for ownership transfer registration.

(b).

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