logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2019.07.03 2018가단5442
가등기말소
Text

1. The Defendant (Counterclaim Defendant) shall have the Suwon District Court as to each real estate stated in the separate sheet to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 27, 2018, the Plaintiff and the Defendant: (a) paid the Plaintiff the purchase price of KRW 680 million with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”); (b) concluded a sales contract with the Plaintiff on the same day; (c) the intermediate payment of KRW 250 million was paid on the same day; and (d) the remainder of KRW 380 million was paid on July 5, 2018 and the remainder of KRW 380 million was paid on July 31, 2018 (hereinafter “instant sales contract”).

On the other hand, the special terms and conditions of the contract of this case include the provision that "if the person who violated the contract terms and conditions is the buyer, the buyer renounces the contract deposit and compensates the seller for the double amount of the contract deposit and the contract is automatically rescinded.

B. On May 27, 2018, the Defendant paid the Plaintiff the down payment of KRW 50 million, and the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on June 29, 2018, which was received on June 29, 2018, from the Suwon District Court Sejong District Court’s receipt on the ground of the instant sale.

C. As the Defendant did not pay part payments on July 5, 2018, the Plaintiff urged the payment of part payments several times, and notified the Defendant of the cancellation of the instant sales contract through the content-certified mail as of July 20, 2018, and the said content-certified mail reached the Defendant around that time.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1-3, the purport of the whole pleadings

2. According to the facts found in the determination as to the cause of the claim, the Defendant delayed the obligation to pay intermediate payments, which are the obligation to perform the intermediate payments, and the Plaintiff’s content-certified mail against the Defendant, stating the Plaintiff’s intent to rescind the instant sales contract, is delivered to the Defendant, and the instant sales contract was lawfully rescinded on July 20, 2018.

Therefore, unless there are special circumstances, the Defendant’s provisional registration of this case is restored to its original state due to the cancellation of the instant sales contract.

arrow