(영문) 울산지방법원 2016.03.25 2015가단18403

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(영문) 울산지방법원 2016.03.25 2015가단18403

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1. The defendant is paid KRW 297,000,000 from the plaintiff, and at the same time, the plaintiff is not more than 1607 square meters in Ulsan-gun, Ulsan-gun.

Reasons

1. Basic facts

A. Ulsan-gun, Ulsan-gun, B, and 1607 square meters (hereinafter “instant real estate”) are owned by the Defendant.

B. On April 3, 2012, the Plaintiff purchased the instant real estate in KRW 330,000,000 between the Defendant and the Defendant, and concluded a sales contract with the effect that KRW 33,000 of the down payment shall be paid at the time of a contract and the intermediate payment of KRW 99,00,000 and KRW 198,000,000, respectively, shall be paid by June 15, 2012 (hereinafter “instant sales contract”).

C. As the special terms of the instant sales contract, “This contract is concluded with multiple landowners for housing construction, and thus it cannot be terminated at will.”

(hereinafter referred to as “instant special agreement”). D.

At the time of the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 33,000,000, but did not pay the intermediate and the remainder.

E. On June 19, 2012, the Defendant sent to the Plaintiff a written notification of the termination of the real estate sales contract stating that “the Plaintiff violated the contract due to the Plaintiff’s failure to pay the intermediate payment and the balance, and the down payment already received was appropriated for damages,” and reached the Plaintiff around that time.

F. On April 30, 2015, the Plaintiff notified the Defendant that the registration of ownership transfer under the instant sales contract would be fulfilled.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, Gap evidence 3-1, Eul evidence 1-1, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the judgment on the cause of the claim, barring any special circumstance, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the instant sales contract with respect to the instant real estate at the same time receiving KRW 297,00,000 from the Plaintiff for the intermediate payment and the remainder of the sales contract.

B. The plaintiff's assertion and judgment on the contents of the special agreement of this case are based on the special agreement of this case.

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