(영문) 서울서부지방법원 2016.05.26 2015가합36785

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(영문) 서울서부지방법원 2016.05.26 2015가합36785

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

1. The current contract is a trade contract under the current facility, the certificate of registered matters shall be confirmed, and the contract shall be entered into. 2. All public charges until the balance shall be borne by the seller;

3. The balance date shall, under mutual agreement, be adjusted at the time when the seller seeks the house.

4.In addition to 20 million won of down payment, if the seller needs to make a house contract, the buyer will be prepared at the time of the contract.

5. A seller grants a building permit under the name of a seller and agrees to change the buyer's name at the time of balance.

6. The seller shall cooperate in the loan at the time of balance; and

7. Matters not stated in this special agreement shall be governed by the provisions of the Civil Act concerning the contract and by the general practice of real estate trade.

A. On June 8, 2015, the Plaintiff and the Defendant paid the purchase price of each of the real estate listed in the separate sheet owned by the Defendant (hereinafter referred to as “each of the instant real estate”) as KRW 910 million, and the down payment of KRW 20 million is KRW 10 million on the date of the contract, the first intermediate payment of KRW 10 million on July 17, 2015, and the second intermediate payment of KRW 300 million on July 30, 2015, respectively, and entered into a sales contract under a special agreement with the following terms and conditions.

(hereinafter referred to as "the sales contract of this case"). B.

Article 6 of the sales contract of this case provides that "if the seller or the purchaser fails to fulfill the terms of this contract, the other party may notify in writing the person who has failed to perform the contract and cancel the contract."

C. According to the instant sales contract, the Plaintiff paid the Defendant KRW 20 million as the down payment on the day of the contract, and KRW 100 million as the first intermediate payment on July 17, 2015, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. Whether the defendant is obligated to perform the registration of ownership transfer;

A. The Plaintiff’s judgment as to the cause of the claim is based on the instant sales contract.

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