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(영문) 광주지방법원 2015.07.24 2014가합6796
소유권이전등기절차이행청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 13, 2013, the Plaintiff entered into a sales contract with the Defendant for real estate listed in the separate sheet (hereinafter “instant real estate”) on the purchase price of KRW 400 million (hereinafter “instant sales contract”) on the following terms:

The balance of the down payment of KRW 400 million shall be paid at the time of a contract, and the down payment of KRW 390 million shall be paid on October 14, 2013.

Matters of special agreement

1. It shall be transferred including all the appurtenant buildings, fixtures, goodwill, etc. in the building;

2. Payment shall be made in advance with bank loans and lease deposits, and the remainder shall be paid in balance;

3. The seller is responsible for and at the end of the date of the bank.

4. The seller shall settle accounts at the time of the payment of all taxes and public imposts on the real estate in this case; and

B. On November 15, 2013, the Plaintiff and the Defendant changed the sales price under the instant sales contract to KRW 390 million, and the remaining payment date to December 30, 2013, respectively. Paragraph 2 of the special agreement was deleted, and the Plaintiff paid KRW 10 million to the Defendant as an intermediate payment on the same day.

C. After that, the Plaintiff and the Defendant extended the remainder payment date of the instant sales contract until February 17, 2014, but the Plaintiff failed to pay the remainder to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including provisional number; hereinafter the same shall apply), Eul evidence 1 and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to implement the registration procedure for ownership transfer of the real estate of this case to the plaintiff according to the sales contract of this case, unless there are special circumstances.

B. Determination of the parties’ assertion 1) The Defendant asserts that the instant sales contract was concluded on February 17, 2014, and that there was no obligation to implement the procedure for ownership transfer registration pursuant to the instant sales contract. 2) The Plaintiff is based on the respective statements in the evidence Nos. 2 and 4.

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