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(영문) 서울북부지방법원 2012.06.13 2011가단25647
건설기계소유권이전등록절차이행및인도청구
Text

1. As to Defendant B’s KRW 189,60,000 and KRW 5,000 among them, Defendant B shall be from August 8, 2009, KRW 124,60,000.

Reasons

1. Basic facts entered into a contract with Defendant C, who represented by the Plaintiff on July 15, 2009, to purchase the non-dozers listed in the separate sheet from Defendant C with the purchase price of KRW 230 million (hereinafter “instant contract”). Of the purchase price, the down payment of KRW 20 million is KRW 95 million on the date of the contract, the intermediate payment of KRW 95 million on July 27, 2009, and the balance of KRW 115 million on August 15, 2009, and there is no dispute between the parties to the contract to deliver the documents necessary for the change of the registered non-dozers and the above non-dozers in return for the remainder payment.

2. The Plaintiff asserts that the instant sales contract was cancelled, since Defendant B rejected performance of the instant sales contract.

In full view of the purport of the arguments in the above evidence Nos. 1, 3 through 6, 8, and 13, the plaintiff paid to the defendant C a down payment of KRW 20 million on the date of the contract under the contract of this case, but the plaintiff did not pay an intermediate payment thereafter with the consent of the defendants, and paid part of the intermediate payment and the balance to the defendant C, which was 10,000,000 U.S. legal representative on August 21, 2009, and KRW 124,60,000,000,000,000 won, and KRW 2,000,000,000,000,000 won and KRW 2,000,000,000,000 won and KRW 3,000,000,000,000,000 won and KRW 2,00,000,000,000.

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