(영문) 대구지방법원 2019.05.16 2018가합208929

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(영문) 대구지방법원 2019.05.16 2018가합208929

소유권이전등기말소

Text

1. Of the lawsuit in this case, the part of the contractor’s request for change of name shall be dismissed.

2. The defendant is against the plaintiff.

Reasons

1. Basic facts

(a) Conclusion, etc. of a sales contract;

2. The purchase price of KRW 1,900,000,000 as the down payment of KRW 200,000 shall be paid at the time of the contract and the intermediate payment of KRW 800,000,000 shall be paid and received in March 31, 2017; and KRW 450,000,000 shall be paid on August 31, 2017.

Any balance of 450,000,000 won shall be paid on November 30, 2017.

Article 1 (Purpose) In the sale of the instant land, a seller and a buyer shall pay the purchase price by agreement as follows:

Article 2 (Transfer, etc. of Ownership) A seller shall, at the same time as the receipt of the balance of the purchase price, deliver all documents necessary for the registration of transfer of ownership to a purchaser and cooperate with the registration procedure, and the delivery date of the land in this case shall be November 30, 201

Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and cancel the contract.

In addition, the parties to the contract may claim damages for the cancellation of the contract respectively to the other party, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.

【Matters of the special agreement (hereinafter referred to as the “instant special agreement”)

[Attachment]

1. The above amount shall be paid as part payment by succession to the right to collateral security (the maximum amount of claim 877,200,000 won) established on the above real estate;

(A) The remainder date of this Agreement shall be the payment key within six months after the design modification approval, and shall be the adjusted key under mutual agreement and shall not be deferred.

1. The transfer of ownership on the date of the first intermediate payment under this Agreement shall be made, but the buyer shall set up a mortgage on the land and superficies on the building planned to secure the balance;

1) On March 20, 2017, the Plaintiff and the Plaintiff owned the Defendant on March 20, 2017, a total of 293 square meters of C Forest and C Forest and D Forest and 4,596 square meters of land owned by the Plaintiff (hereinafter “instant land”).

sale of the purchase price in KRW 1.9 billion.

유사 판례

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-부산지방법원 2019.05.22 2017가합52609

-수원지방법원 안산지원 2018.11.22 2018가합5918