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(영문) 서울북부지방법원 2017.06.02 2016나34104
소유권이전등기
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. On December 26, 2011, the Defendant completed the registration of ownership transfer with respect to 10 households for multi-household houses with three floors of G reinforced concrete structure in Gangnam-gu Seoul, Gangnam-gu, Seoul, D, E, and F (hereinafter “instant real estate”).

B. On December 28, 201, with respect to the instant real estate, the right to collateral security (hereinafter collectively referred to as the “right to collateral security”) was respectively established, with a sum of the debtor, the defendant, the mortgagee’s credit union, and the maximum debt amount of KRW 1196 million, respectively.

B. On September 12, 2014, the Plaintiff purchased the instant real estate from the Defendant and entered into a sales contract with the following terms (hereinafter “instant sales contract”) and paid the Defendant the down payment of KRW 20 million on the same day.

Article 1 (Purpose) Sales Price of one billion won 50 billion won

(zg) 20 million won of down payment;

H. The remainder of KRW 1 billion shall be paid on October 12, 2014.

Article 2 (Transfer of Ownership) Any seller shall, at the same time, receive any balance of the purchase price and deliver all documents required for the registration of transfer of ownership, and deliver the said real estate.

When a buyer has delivered money or articles to a seller under the name of a down payment or a security deposit, the seller may repay the intermediate payment (in the absence of an intermediate payment agreement, the intermediate payment) to the seller before he pays the down payment, and the buyer may waive the down payment and rescind this contract, unless there is any other agreement.

Article 7 (Non-performance of Obligations and Compensation for Damages) (1) In cases where a seller or a buyer has any default under this contract, the other party may demand in writing the person who has defaulted and rescind the contract.

(2) Where a contract is rescinded pursuant to paragraph (1), unless otherwise agreed, unless otherwise agreed, the contract deposit shall be confiscated if the buyer has neglected it, and the seller shall agree to compensate for a double of the contract deposit if the seller has neglected it.

(1) No. 101 and No. 101 shall be included in the special agreement.

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