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Reasons
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(영문) 청주지방법원 영동지원 2021.02.05 2020가단5555
소유권이전등기
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The Plaintiff

A. As to one half of the real estate listed in the separate sheet No. 1 of the defendants, the defendants shall:

(b) the defendant.

Reasons

1. Facts of recognition;

A. On October 12, 2016, the Defendants completed the registration of the transfer of ownership with respect to one-half of the real estate listed in attached Table No. 1 (hereinafter “instant land”). Defendant B completed the registration of the preservation of ownership with respect to the real estate listed in attached Table No. 2 (hereinafter “the instant livestock shed”) on June 10, 2019, and the instant land and the instant livestock shed collectively referred to as “each of the instant real estate”).

B. On June 1, 2020, the Plaintiff purchased each of the instant real estate between the Defendants and KRW 130,000,000, but concluded a sales contract to pay KRW 10,000 as the down payment on the date of the contract, and KRW 120,00,000 as the remainder payment to be paid on August 31, 2020 (hereinafter “instant sales contract”).

(c)

On June 1, 2020, the Plaintiff paid to the Defendants KRW 10,000,000 respectively, and KRW 10,000,000 on September 18, 2020. On November 2, 2020, the Defendants deposited KRW 110,000,000 for the remainder of the sales contract of this case as the principal deposit (No. 278, 2020) with the Defendants deposited the remainder of KRW 110,00,00 as the principal deposit (No. 278, 2020, Cheongju District Court Branch Decision Cheongju District Court Branch 2020). [The grounds for recognition] fact that there is no dispute, each entry in the evidence No. 1 through 4 (including the number; hereinafter the same shall apply), and

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff paid KRW 20,000,000 to the Defendants according to the instant sales contract. The Defendants deposited the remainder KRW 110,000 with the Defendants as a trustor and deposited the remainder KRW 110,000. The Defendants are liable to implement the registration procedure for ownership transfer of each of the instant real estate.

B. The Plaintiff asserted by the Defendants on August 31, 2020, which was the date of the remainder payment of the instant sales contract, did not properly contact the Defendants and did not pay the remainder of KRW 120,000,000. The Plaintiff did not contact the Defendants even thereafter. The instant sales contract was implicitly rescinded.

must be viewed.

3. Determination

(a) the above findings of the determination on the cause of the claim.

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