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(영문) 서울동부지방법원 2014.09.30 2013가합107544
소유권이전등기
Text

1. The defendant shall be the plaintiff.

A. The real estate listed in the separate sheet “Real Estate List” shall be restored to its true name.

Reasons

1. Basic facts

A. The Plaintiff: (a) decided to sell each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant in the purchase price of KRW 900 million (hereinafter “the first sale”) and prepared a sales contract with the date of preparation as of July 20, 2013; and (b) the main contents thereof are as follows.

[1] Article 1 (Sale Price and Time) (1) The sales price and the time when the defendant pays the price are as follows.

The purchase price of KRW 90 million shall be paid at the time of the contract and the intermediate payment of KRW 310 million shall be paid at the time of the contract and the remainder of KRW 500 million on August 20, 2013 shall be paid at September 5, 2013.

Article 2 (Transfer of Ownership) The Plaintiff shall receive any balance of the purchase price and at the same time deliver all documents necessary for the registration of transfer of ownership and deliver the instant real estate.

Article 6 (Cancellation of Contract) Before the Defendant pays the intermediate payment, the Plaintiff shall pay the down payment in an equal amount, and the Defendant may also waive the down payment and rescind the first sales contract of this case.

Article 7 (Non-performance of Obligations and Compensation for Damages) (1) In case where the plaintiff or the defendant has failed to perform his obligation under the First Sale Contract of this case, the other party may notify in writing the person who has failed to perform the obligation and rescind the contract

(2) Where a contract has been terminated, the plaintiff and the defendant may claim damages respectively against the other party.

Except as otherwise agreed, the criteria of Article 6 shall apply.

(Matters of special agreement) The balance of KRW 500 million shall be treated as bank loans of KRW 300 million.

B. Meanwhile, the Plaintiff prepared a sales contract stating that the Plaintiff would sell the instant real estate in KRW 890 million (hereinafter “instant secondary sale”) to the Defendant on August 28, 2013, with the date on which the sales contract was prepared. The main contents are as follows.

[Second sale] Article 1 (Sale Price and Time) (1) The sale price and the time when the defendant pays the price are as follows.

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