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(영문) 인천지방법원 2018.05.29 2017가합2225
소유권이전등기등
Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 19, 2016, the Plaintiffs entered into a sales contract with the Defendant to purchase KRW 2,384,000,000 of the purchase price (hereinafter “instant sales contract”) the real estate indicated on the attached real estate owned by the Defendant (hereinafter “instant real estate”), and paid KRW 240,00,000 to the Defendant on the same day.

The main contents of the instant sales contract are as follows.

The seller and the buyer of Article 1 of the Real Estate Sales Contract shall enter into a sales contract for the following real estate as stipulated in the following contract:

1. Each land, G, E, or D ground building in Bupyeong-gu Incheon Bupyeong-gu, Incheon, with an indication of real estate;

2. The sales proceeds of KRW 2,384,00,000 shall be paid at the time of the contract and the intermediate payment of KRW 300,000,000 shall be paid at the time of the contract, and the intermediate payment of KRW 300,000 shall be paid on January 6, 2017.

Any balance of KRW 1,844,00,000 shall be paid on March 31, 2017.

Article 2 (Transfer, etc. of Ownership) The seller shall receive the balance of the purchase price, deliver all documents necessary for the registration of transfer of ownership to the buyer, and cooperate with the registration procedure, and the delivery date of the said real estate shall be March 31, 2017.

Article 3 (Extinguishment of Restricted Real Rights, etc.) If any ground exists to restrict the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on the said real estate, or there is any unpaid amount of taxes, public charges and other charges, the seller shall remove the defects, burdens, etc. of such rights and transfer full ownership

except in cases of rights and amounts agreed to succeed.

Article 4 (Reversion of Profits, Taxes and Taxes, etc., generated concerning the above real estate shall be based on the date of delivery of the above real estate, but the liability for payment and liability for payment of local taxes shall be governed by the provisions of the Local Tax Act

Article 5 (Cancellation of Contract) When the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall pay the down payment to the seller.

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