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(영문) 서울중앙지방법원 2013.09.12 2012가단285645
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

According to the facts without dispute, Gap 1-1-1-9. 2-1 and 2-2, the plaintiff is the defendant's third village, and the registration of ownership transfer was completed on April 25, 2001 with respect to 1/3 of each of the real estate listed in the separate sheet 1-7, and the registration of ownership transfer was completed on November 20, 2002 as stated in the separate sheet 8, and the registration of ownership transfer was completed on November 5, 2002 with respect to 0.36/40 of the real estate listed in the separate sheet 8 on October 5, 2002 with respect to 0.36/40 of the real estate listed in the separate sheet 1-1 to 7048, which was accepted on November 5, 2002 by the Seoul Central District Court of Seoul as the receipt of the registration of ownership transfer for each of the real estate listed in the separate sheet 9 to the Seoul Central District Court of 200.15.20

As to the cause of the claim in this case, the plaintiff, as the cause of the claim in this case, sold 0.36 shares among the real estate listed in paragraph (8) of the attached Table No. 8 of October 5, 2002 and 4.32 shares among the real estate listed in paragraph (9) of the attached Table No. 9 of the attached Table No. 4,328.72, and 2.1/3 shares among the real estate listed in the attached Table No. 1 and paragraph (7) of the attached Table No. 1 and No. 5 of November 5, 2002, and agreed that the purchase price shall be paid to the plaintiff's father and the defendant's mother and the defendant's abandoned land. Since the defendant did not pay the above purchase price to C, the plaintiff cancelled each of the above sales contract for delay of performance

Therefore, there is no evidence to acknowledge that the Plaintiff did not pay the purchase price, and in the case of a real estate sales contract, it is an exceptional circumstance that the seller completed the registration of ownership transfer without receiving the purchase price from the buyer.

Therefore, the plaintiff.

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