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(영문) 의정부지방법원 2019.11.07 2018가단130497
소유권이전등기
Text

1. The Defendant is limited to the Plaintiff’s sale on August 9, 2018 with respect to the real estate indicated in the attached list.

Reasons

Basic Facts

A. There were non-residential housing for which 40 years have passed since the land was located on the 2,526 square meters in Macheon-si, Seocheon-si.

B. On January 2018, the Defendant notified the residents of the said house, including the Plaintiff, to leave the said house.

(hereinafter referred to as the “Plaintiff’s Housing”) in which the Plaintiff resided;

However, the Plaintiff purchased the said house from the former owner, and was residing in the said house for not less than 20 years, and rejected the said house without any money for directors and there is no place to move.

In the case of Gyeonggi-do, which indicates the real property in the sale contract, the seller pays the amount of the down payment to the seller on November 9, 2018, and the buyer gives up the down payment and does not claim the return of the down payment in the case of a breach of contract. Article 6 of the balance of KRW 65 million in the purchase price of KRW 4 million in the purchase price of KRW 31/25,000,000,000 in the purchase price of KRW 65 million.

Special terms and conditions: 19.5 million won shall be excluded from the expenses of directors when the remainder is paid.

The Plaintiff’s name is to order the Plaintiff’s housing until August 19, 2018.

Accordingly, the Defendant agreed to purchase part of the above land to the Plaintiff, and the Plaintiff and the Defendant subsequently specified the part of the land to be transferred to the Plaintiff, and entered into a sales contract on August 9, 2018 (hereinafter “instant sales contract”), and the main contents thereof are as follows.

E. The Plaintiff paid 4 million won the down payment to the Defendant pursuant to the instant sales contract, and delivered the Plaintiff’s housing around August 19, 2018.

F. However, on September 4, 2018, the Defendant terminated the instant sales contract on the grounds of the seller’s “Defendant” (hereinafter “Defendant”) and sent a content-certified mail that wishes to communicate with the Plaintiff by paying penalty in accordance with Article 6 of the contract, and began to claim the cancellation of the instant sales contract.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence No. 3, judgment as to the ground for appeal as a whole

A. The above facts of recognition; and

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