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(영문) 제주지방법원 2015.12.01 2015가단5391
소유권이전등기
Text

1. The defendant shall be the plaintiff.

A. As to each real estate listed in the separate sheet, it is based on sale on December 23, 2014.

Reasons

1. Facts of recognition;

A. On December 23, 2014, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant from the Defendant in the purchase price of KRW 375 million. The down payment is KRW 38 million on the date of the contract, intermediate payment of KRW 80 million on December 31, 2014, and KRW 257 million on the remainder payment of KRW 250 million on January 30, 2015. Upon receipt of the remainder payment, the Defendant entered into a sales contract with the Defendant to cancel the registration of creation of a neighboring mortgage association of the Jeju Fisheries Cooperatives of Jeju, Jeju (hereinafter “instant sales contract”), and paid KRW 38 million on the remainder payment to the Defendant.

B. On December 31, 2014, the date of the payment of intermediate payment, the Plaintiff intended to make payment to the Defendant by preparing an intermediate payment of KRW 80 million, but the Defendant refused to receive the intermediate payment, and on January 5, 2015, the Plaintiff deposited an intermediate payment of KRW 80 million in the future of the Defendant (No. 23 of Jeju District Court Decision 2015).

C. On January 30, 2015, the remaining payment date, the Plaintiff intended to prepare and pay a balance of KRW 257 million to the Defendant, but the Defendant refused to accept the payment and did not provide documents necessary for the registration of transfer of ownership.

Accordingly, on February 16, 2015, the Plaintiff deposited the remainder KRW 257 million (No. 270 million in Jeju District Court Decision 2015) in addition to the terms and conditions on the implementation of the procedures for registration of transfer of ownership and the delivery of documents necessary to implement the procedures for registration of cancellation of the registration of cancellation of the establishment of a neighboring mortgage.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the facts of recognition prior to the determination of the cause of the claim, the Defendant is obligated to implement the procedure for the registration of ownership transfer for the instant real estate based on the instant sales contract to the Plaintiff and deliver the instant real estate to the Plaintiff, except in extenuating circumstances.

B. On December 24, 2014, the day following the first defendant's sales contract on the defendant's assertion.

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