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(영문) 제주지방법원 2016.12.15 2016가합11970
소유권이전등기
Text

1. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant is based on the sale on August 2, 2016.

Reasons

1. The Plaintiff, on August 2, 2016, purchased each real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”) in the Defendant on the purchase price of KRW 2.59,485,00,00 (hereinafter referred to as “instant contract”) from the Defendant on August 2, 2016, as there is no dispute between the parties, and barring any special circumstance, the Defendant is obligated to implement the registration procedure for transfer of ownership on the instant real estate on August 2, 2016.

2. Judgment on the defendant's assertion

A. The Defendant asserted the cancellation of a contract due to mistake in calculating the sales price of the instant real estate as approximately KRW 1.50,000,000 for the average, and the real price of the instant real estate was about KRW 300,000,000 for the average. Thus, the Defendant asserted that the instant contract was revoked on the ground that there was an error in

However, there is no evidence to prove that the Defendant erred in the transaction price of the instant real estate at the time of the instant sales contract. Therefore, this part of the Defendant’s assertion is without merit without any further review as to the remainder.

B. The Defendant asserted that the contract was cancelled, however, sought to reimburse the amount of the down payment and cancel the contract before the remainder payment date of the contract in this case, but did not cooperate in the cancellation of the contract, such as the Plaintiff’s account number was not changed. Therefore, the instant contract was cancelled.

The Plaintiff paid the Defendant the down payment amount of KRW 260 million on the date of the instant contract, and the fact that the remainder payment date was set on October 4, 2016 in the instant contract does not conflict between the parties.

However, in order for the buyer to repay the amount of the down payment and cancel the sales contract, at least the amount of the down payment should be provided (Supreme Court Decision 91Da33612 delivered on July 28, 1992). The Defendant provided the Plaintiff with the repayment of the down payment prior to the remainder payment, and the Defendant provided the Plaintiff with the intention to rescind the instant contract.

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