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(영문) 수원지방법원 2020.09.16 2020가단524626
소유권이전등기
Text

The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The fact of recognition ① On November 5, 2019, the Plaintiff entered into a sales contract with the Defendant’s agent C and the Plaintiff’s purchase of real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant for KRW 37 million. The main contents of the contract related to the instant case are as follows.

2.In the sale of the above real estate under Article 1 (Purpose) of the Terms and Conditions of the Contract, the seller and the buyer are to pay the purchase price by agreement as follows:

The purchase-price of KRW 337,00,000 shall be paid and received at the time of the contract by the current purchaser of the down payment of KRW 33,000,000,000, which is paid and received at the time of the contract by the current purchaser. The balance of KRW 24,000,000 shall be paid on February 27, 2020.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer at the same time as the balance of the purchase price is received, and cooperate with the registration procedure, and the delivery date of the said real estate shall be February 27, 2020

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

[Matters indicated in the special agreement] DC (B agent C) of the new bank (the contract deposit and balance shall be deposited into the account) (2) The Plaintiff paid the Defendant’s agent C the down payment of KRW 33 million on the date of the contract, and later, paid the remainder KRW 24 million on February 12, 2020, which is the date of the remainder payment.

B. According to the above facts of recognition, the defendant is obligated to implement the registration procedure for transfer of ownership based on the instant sales contract to the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's defense, etc.

A. As to the Defendant’s assertion, the instant sales contract is valid since the Defendant repaid the down payment and lawfully rescinded the instant sales contract.

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