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(영문) 춘천지방법원 2018.06.27 2017가합51245
소유권이전등기말소
Text

1. The defendant

A. With respect to the real estate listed in the list of the annexed sheet No. 1, Chuncheon District Court's Jeju District Court's Jeju Registry. June 2009

Reasons

1. The following facts are acknowledged according to the respective descriptions of Gap evidence Nos. 1 through 6 and the purport of the whole pleadings as to the cause of the claim.

① On June 15, 2009, the Plaintiff sold real estate listed in the separate sheet Nos. 1 and 2 with the Defendant to the Defendant in KRW 574,030,480; however, the Plaintiff agreed to pay the remainder of KRW 564,030,480 on the date of the contract, and the remainder of KRW 564,030 until June 15, 2012.

(hereinafter) (hereinafter “instant contract”). (2) The Defendant paid the Plaintiff the down payment of KRW 10 million on the date of the instant contract, and on June 24, 2009, the Defendant completed the registration of transfer of ownership as to the real estate listed in the separate sheet No. 6301 on June 24, 2009 as to the Incheon District Court’s Incheon District Court’s receipt of the registration office, and as to the real estate listed in the separate sheet No. 2

③ When the Defendant delayed the payment of the remainder for at least five years, the Plaintiff notified the Defendant of the cancellation of the sales contract on the ground of the remainder payment delay by serving the duplicate of the complaint of this case.

According to the above facts, the contract in this case was rescinded by the delivery of the duplicate of the complaint in which the declaration of intent to cancel the contract in this case was stated. Thus, the defendant is obligated to implement the procedure for registration of cancellation of ownership transfer registration completed in the future of the defendant with respect to each real estate listed in the annexed Forms 1 and 2 of this case

2. The defendant asserted an extension agreement on the 1st remaining payment date of the plaintiff's argument, and the real estate listed in the annexed Forms 1 and 2 list is the Diplomatic Association building and site established and operated by the plaintiff's husband C, and the defendant, the starting partner of the plaintiff, who was the plaintiff, sold the plaintiff to the defendant as a result of the plaintiff's intention to take over the church. Since it is not a circumstance to pay the purchase price, the defendant requested an extension of the payment date to the plaintiff, and the plaintiff also requested an extension of the payment date to the plaintiff, and the defendant set a gift to the return return and set a cycle to pay living

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