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(영문) 광주지방법원 2017.10.27 2017가단512660
소유권이전등기
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On July 6, 2016, the Plaintiff purchased real estate listed in the separate sheet Nos. 1 through (8) from the Defendant in KRW 330,00,000,000, and the amount of KRW 18,000 for the down payment (the first rent) 15,00,000 when entering into a contract, and the intermediate payment of KRW 130,000 until July 26, 2016, the Plaintiff paid KRW 167,00,000 until September 23, 2016, and the Defendant, the seller, to receive the land listed in the separate sheet No. 4 (hereinafter referred to as “B land”) by November 3, 2016.

B. On July 13, 2016, the Plaintiff purchased real estate listed in paragraph (9) of the attached Table No. 9 from the Defendant in KRW 580,00,000, and KRW 30,000 for down payment (the first vehicle) 28,000,000 for down payment (the second vehicle) until July 27, 2016, and KRW 230,000 for intermediate payment 230,000 until September 23, 2016, respectively, shall be paid until November 3, 2016.

(hereinafter referred to as the “instant sales contract”), which combines both the sales contracts of paragraphs (a) and (b).

The Plaintiff paid all the down payment to the Defendant, but did not pay the intermediate payment and the remainder.

Accordingly, the Defendant notified the Plaintiff on October 17, 2016, October 19, 2016, and October 24, 2016, of the purport that the instant sales contract will be rescinded on the ground that the Plaintiff’s intermediate payment was not paid.

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

2. The parties' assertion

A. Plaintiff 1) At the time of entering into the instant sales contract, the Defendant is obligated to implement the procedures for ownership transfer registration to the Plaintiff upon the implementation of the instant sales contract. (2) At the time of entering into the instant sales contract, the Defendant stipulated the special agreement to implement the procedures for the merger of land B, which was a very important fact for the Plaintiff to achieve the purpose of

However, the defendant did not perform this, and the plaintiff refused to pay the intermediate payment and the balance.

Therefore, the plaintiff's intermediate payment and balance.

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