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(영문) 의정부지방법원고양지원 2017.06.07 2016가합74951
소유권이전등기의무 부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 5, 2015, the Plaintiff entered into a contract with the Defendant (C on behalf of the Defendant) with the amount of KRW 2,55 square meters for the purchase and sale of part of KRW 930,00,000,000 for KRW 2,055,55,000 (hereinafter “instant sales contract”) out of the plot of land of 2,000,000,000,000,000,000 for KRW 655,00,000,000,000,000,000 for KRW 2,000,000,000,000,000 for KRW 6,000,000,000,000,000,000 for KRW 6,555,00,000,00 for each of the following major contents:

[Matters of Special Agreement]

2. The seller shall be entitled to succeed to the balance of existing loans, the seller shall offer real estate for the purpose of sale as security, and the buyer may succeed to the balance of existing loans.

3. If a buyer does not pay an intermediate payment or does not pay any balance by October 31, 2015, the seller may terminate the sales contract and the buyer will waive the sales contract.

B. On August 7, 2015, the Defendant paid to the Plaintiff the sum of KRW 200 million for down payment and KRW 200 million for intermediate payment on September 7, 2015.

C. On October 6, 2016, the Plaintiff sent to the Defendant a content-certified mail that the instant sales contract would be rescinded on the grounds of the Defendant’s nonperformance of the obligation to pay the remainder, and notified the Defendant of the same purport as the instant mobile phone text and Kakakao Stockholm message on October 24, 2016.

On November 20, 2015, G orchard 147 square meters and 65 square meters of H orchard on August 3, 2016, the area was divided into KRW 655 square meters in Seoyang-gu, Seoyang-si, Seoyang-si. On November 20, 2015, the area was divided into KRW 180 square meters in Hanyang-si, Seoyang-si, Seoyang-si, Incheon-si, and KRW 366 square meters in J orchard, and KRW 427 square meters in K orchard. The area was divided into KRW 2,452 square meters in Hanyang-si, Seoyang-gu, Incheon-si, and KRW 737 square meters in Korea on November 20, 2015, KRW 696 square meters in Korea, and KRW 401 square meters in Korea on August 3, 2016, each of the instant real estate is divided into KRW 4727 square meters in each of the instant real estate.

[Ground of recognition] dispute.

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