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(영문) 의정부지방법원 2015.10.27 2014가단115292
매매계약에 기한 소유권이전등기절차이행
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On July 5, 2012, with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), a sales contract in which a seller and a purchaser D are the Defendants and a purchaser (hereinafter “the instant sales contract”). The main contents of the instant sales contract are as follows.

- Sales proceeds: 70 million won - down payment of 200 million won at the same time as the contract is made - The balance of 500 million won shall be paid on October 31, 2012. The cost of the transfer registration of ownership shall be borne by the buyer. - There is a separate special agreement for the remainder of 500 million won in special terms and conditions - the buyer shall apply for the reclamation permission

The services of permission for reclamation shall be governed by a separate service contract between the purchaser and the L&C Co., Ltd.

- The balance shall be paid at the time of completion of the permission for the reclamation on October 31, 2012, and the remaining payment deadline shall also be extended when the permission for the reclamation is delayed.

(b) omitted.

On the same day, the Plaintiff paid 200 million won the down payment under the sales contract of this case to the Defendants. The Defendants received only KRW 200 million down payment, and completed the registration of ownership transfer claim in the name of E for the purpose of securing the remainder claim amount of KRW 500 million. The Plaintiff also completed the registration of ownership transfer claim in the name of E in order to prevent the Plaintiff from arbitrarily disposing of each of the instant real estate.

C. On March 26, 2014, the provisional registration of E with respect to each of the instant real estate was transferred to the Defendants on March 26, 2014, and the Defendants were the Defendants.

6. 16. The principal registration based on the provisional registration on each of the instant real estates is completed.

[Ground of recognition] Facts without dispute, evidence A1 through 3 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (A) was primarily asserted by the parties, and the Plaintiff, as above, to purchase each of the instant real estate from the Defendants with a price of KRW 70 million, paid a down payment of KRW 200 million.

except that this shall not apply.

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