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(영문) 서울중앙지방법원 2019.06.19 2019가단2030
소유권이전등기 청구의 소
Text

1. The defendant shall be paid KRW 30,000,000 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

Facts of recognition

On March 28, 2018, the Plaintiff entered into a real estate sales contract with the Defendant to purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 37,00,000,000 from the purchase price, and paid KRW 7,00,000 on the date of the contract, and paid the remainder 30,000,000 at the same time as the documents necessary for the registration of transfer of ownership are delivered on July 30, 2018. The Plaintiff agreed that the buyer may waive the down payment and cancel the contract until the buyer pays the intermediate payment (if there is no intermediate payment), and the buyer may waive the down payment and cancel the contract.

(hereinafter “instant sales contract.” On the same day, the Plaintiff and the Defendant concluded a sales contract for real estate purchased by the Plaintiff at KRW 813,00,000, with respect to the same loan (C) D owned by the Defendant together with the instant real estate.

After paying 7,00,000 won as down payment based on the instant sales contract to the Defendant, the Plaintiff agreed to extend the remainder payment as of October 31, 2018 due to the Plaintiff’s circumstances, and agreed to pay 11,90,000 won, which is equivalent to the interest for the period from the date following the date of the remainder due to the initial agreement to the changed date upon the Defendant’s request.

On October 31, 2018, the amendment date of the instant sales contract, the Plaintiff paid KRW 30,000,000 as well as KRW 11,90,000,00 based on the agreement for the remainder and the extension of the remainder under subparagraph D, but the Defendant received the remainder and the damages under subparagraph D and issued documents necessary for the registration of transfer of ownership under subparagraph D, but the instant sales contract was refused to receive the remainder on the ground that the price of the subject matter of the sales contract had increased and incurred damages, and rather, it was intended to cancel the instant sales contract by providing KRW 7,40,000, the amount equivalent to 20% of the sales price.

[Ground of recognition] dispute.

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