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(영문) 광주지방법원 2017.04.06 2016가단512113 (1)
소유권말소등기
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant received No. 68545 on March 25, 2015 from the Gwangju District Court.

Reasons

1. Facts of recognition;

A. On January 27, 2015, the Plaintiff and the Defendant sold real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant at KRW 300 million. Of the purchase price, KRW 83 million out of the purchase price set off against the Defendant’s claim for construction price against the Plaintiff, and KRW 90 million out of the purchase price is exempted from the Defendant’s payment obligation in return for payment in substitutes. The remainder of KRW 127 million was agreed to pay KRW 100 million by the Defendant’s acceptance of the Plaintiff’s collateral obligation against the original agricultural cooperative, the mortgagee of the instant real estate (hereinafter “instant sales contract”).

B. On March 25, 2015, on the instant real estate, the registration of transfer of ownership as stated in Paragraph (1) of the Disposition on the ground of the instant sale (hereinafter “instant registration of transfer of ownership”) was completed.

C. Around August 17, 2015, the Plaintiff urged the original agricultural cooperative to acquire the Plaintiff’s collateral security obligation, but the Defendant failed to perform the above collateral security obligation agreement. On November 2, 2015, the Plaintiff sent to the Defendant a content-certified mail containing a declaration of intent to cancel the instant sales contract on the ground of the Defendant’s nonperformance of obligation, and the said content-certified mail reached the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts of the above recognition, since the Defendant, who is liable to take over the collateral security obligation against the Plaintiff for an agricultural cooperative of the Republic of Korea, did not perform the Plaintiff’s obligation to take over the collateral security obligation despite the Plaintiff’s performance demand, the Plaintiff may rescind the instant sales contract on the ground of such Defendant’s nonperformance of obligation. However, the instant sales contract was lawfully rescinded upon the arrival of the Defendant on November 2, 2015, which indicated the intent.

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