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(영문) 제주지방법원 2015.10.23 2015가단9317
소유권이전등기
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 23, 2013, the Plaintiff purchased each of the instant real estate from the Defendant in KRW 561,050,000.

On the day of the above sales contract, the Plaintiff paid the Defendant the down payment of KRW 50,000,000 and the intermediate payment of KRW 175,000,000. On December 23, 2013, the Plaintiff paid the remainder of KRW 361,050,000 to the Defendant and entered into the procedure for ownership transfer registration from the Defendant.

B. The Plaintiff did not pay any balance that the Defendant promised on December 23, 2013.

After that, on January 17, 2014, the Plaintiff paid KRW 70,000,000 to the Defendant out of the remainder.

C. On December 19, 2014, the Defendant sent to the Plaintiff a certificate of content stating, “In the event that no payment is made until December 30, 2014, the Defendant would be known that the sales contract for the instant real estate will be rescinded,” and the content certification reached the Plaintiff on December 22, 2014.

On December 30, 2014, the Defendant sent to the Plaintiff a certificate of content stating, “I would not perform the obligation to pay any balance until one year has passed from the payment date of the remainder. I would notify the Plaintiff of the intention of rescission on the instant real estate sales contract with thickness.” The content certification reached the Plaintiff on December 31, 2014, the following day.

E. On March 18, 2015, the Defendant expressed his/her intent to confiscate the down payment by depositing the remainder amount, excluding KRW 50,000,000, out of the amount received from the Plaintiff in connection with the sales contract, on behalf of the Plaintiff.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1, 2, 3, and 5 (including branch numbers; hereinafter the same shall apply), entry of Eul evidence 1, 3, and 4, and the purport of the whole pleadings

2. Judgment on the main claim

A. The Plaintiff’s assertion: (a) around December 2014, the Plaintiff prepared the remainder and interest for delay under the above sales contract; and (b) prepared the Defendant for the remainder and interest for delay.

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