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(영문) 울산지방법원 2017.10.26 2017가합20513
분양권명의변경절차 이행청구의 소
Text

1. The Defendant’s right to purchase and sell the attached list to the Plaintiff is based on sale and purchase on May 2, 2016.

Reasons

1. Facts of recognition;

(a) The purchase price for the purchase of a purchase and sale right: 150,000,000 - down payment of KRW 10,000: May 2, 2016 - The balance of KRW 140,000,000: The terms of the contract to pay on May 23, 2016;

4. The defendant promises to implement the procedure for the change of title or the transfer of ownership without filing a claim for money under any pretext when the transfer of ownership (the change of title) of the real estate in this case is possible.

8. In the event that the waiver of the right of the State or the defendant's real estate and the real estate defects are not practically given the right of sale of the resettled housing site, this contract becomes null and void, and the defendant shall immediately refund the full amount received to

9. If any one of the parties to a contract fails to perform the contract, the executor shall pay three times the purchase price to the other party as penalty and damages.

13. In order to ensure the meaning and stability of the obligation to perform the contract to the Plaintiff, the Defendant, separate from penalty and damages, shall issue a cash custody certificate equivalent to the purchase price in the name of the Plaintiff and keep it in the name of the third party, and shall return it to the Defendant upon completion of change

(Provided, however, the cash custody certificate is valid when the defendant violated the contract performance or when there is any defect). 16. The full amount of the money to be paid later on this case shall be paid instead of the plaintiff in the name of the defendant, and the defendant shall decide to change the name and register the transfer of ownership.

On May 2, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase the purchase price of KRW 150,000,000 as stated in the attached list (hereinafter “instant purchase right”) and paid the Defendant the down payment of KRW 10,000,000 on the same day. The main contents of the sales contract are as follows.

B. On May 24, 2016, the Defendant, who prepared a notarial deed, received KRW 140,000,000 from the Plaintiff on the same day.

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