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(영문) 수원지방법원 성남지원 2018.12.18 2017가합404852
소유권이전등기
Text

The Defendant’s KRW 160,000,000 and its related amount are 5% per annum from December 30, 2016 to December 18, 2018.

Reasons

1. Facts of recognition;

A. On December 30, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) at KRW 4.5 billion (hereinafter “instant sales contract”). The main contents are as follows. On the same day, the Plaintiff paid the Defendant the down payment amount of KRW 200 million (hereinafter “the down payment”).

1. Location of real estate indication (attached Table 1 and paragraph (2) of the same Table): Land category, area of 97 square meters in lots other than C (D): Hanam-si: Building of reinforced concrete structure, use of neighborhood living facilities, housing area, 1357 square meters in size;

2. Article 1 of the Terms and Conditions of the Contract / [Purpose] The seller and the buyer shall pay the sales amount by agreement as follows with respect to the sale of the above real estate:

The purchase price: 4.5 billion won: 2 billion won shall be paid at the time of the contract and the balance received: 4.3 billion won shall be paid on January 30, 2017.

Article 2 (Transfer, etc. of Ownership) A seller shall deliver all documents necessary for the registration of ownership transfer to a buyer at the same time as the balance of the purchase price is received, and shall cooperate with the registration procedure, and the date of delivery of the said real estate shall be January 30, 2017.

Article 3 [Extinction of Restricted Real Rights, etc.] If there is any ground to restrict the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on the above real estate or there is any unpaid amount of taxes, public charges and other charges, a seller shall transfer full ownership to a buyer by removing the defects, burdens,

except in cases of rights and amounts agreed to succeed.

Article 6 [Non-performance of Obligations and Compensation for Damages] If a seller or a purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and cancel the contract.

And the contracting parties shall:

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