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(영문) 인천지방법원 2016.08.26 2015가단26251
소유권이전등기절차이행
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Attached Form

The Plaintiff’s judgment as to the real estate indicated in the List Nos. 1 and 2 was made on March 23, 2015 by purchasing KRW 1/4 of the purchase price of KRW 64 million from the Defendants and Hansung Este Co., Ltd. on March 23, 2015, and the contract deposit of KRW 7 million is paid on the date of the contract and the remainder of KRW 57 million shall be paid on April 23, 2015. Thus, the Defendants are liable to implement the registration procedure for ownership transfer on March 23, 2015 with respect to KRW 1/4 of each of the said real estate, as there is no dispute between the parties, or in accordance with the evidence No. 1 and No. 2, and barring any special circumstance.

The defendants asserted that the plaintiff delayed the payment of the remainder and the above sales contract was terminated.

In light of the purport of the evidence Nos. 2, 3, and 4, the Defendants sent the documents necessary for the registration of transfer of ownership to the E-certified judicial scrivener’s office on the outstanding payment date stipulated in the sales contract, and the Plaintiff asked the Plaintiff to pay any balance, asserting that the sales contract was concluded, including real estate listed in the attached Table No. 3, and the Plaintiff did not pay any balance. ② After which, on September 21, 2015, the Defendants notified the Plaintiff of the designation of the F-certified judicial scrivener’s office as a new place of performance and notified the payment of the balance by September 30, 2015. In this case, the Defendants sent the content-proof mail to the effect that the sales contract will be rescinded if the above date is delayed, and the above mail arrives to the Plaintiff

9. The legal brief dated 24 reached the Plaintiff on October 1, 2015.

(3) Nevertheless, it is recognized that the Plaintiff did not pay the remainder to the Defendants until now, and accordingly, the above sales contract was cancelled due to the delay of the Plaintiff’s obligation to pay the remainder, and thus, the Defendants’ assertion pointing

On the other hand, the Plaintiff is the Defendants.

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