logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.09.09 2020가단5085982
소유권이전등기절차이행
Text

The defendant shall receive KRW 70,000,000 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On September 30, 2009, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant for KRW 250,000,000,000 from the lease deposit, entered into the following sales contract with the Defendant for the instant real estate (hereinafter “instant sales contract”) and converted the lease deposit amount of KRW 250,000,000 paid by the Plaintiff to the Defendant into the down payment and intermediate payment of the instant sales contract.

1) A special agreement which provides for the remainder of KRW 250 million in total of KRW 320 million in down payment, KRW 32 million in intermediate payment, KRW 200 million in total of KRW 250 million in intermediate payment, KRW 200 million in conversion of deposit and payment at the time of the contract; KRW 30 million in the remainder of KRW 70 million in payment on the date indicated in the special agreement

1. On September 30, 2008, when a sales contract was concluded on September 30, 2008, the registration of a right to a site is unregistered. The registration of a right to a site of this case shall be completed

5 Matters of special agreement

2. When a right to a site has been registered, the buyer shall pay the remainder of KRW 70 million to the seller, and the seller shall simultaneously implement the procedure to transfer the ownership to the buyer.

B. When a right to a site has been registered on October 11, 2019 with respect to the instant real estate, the Plaintiff notified the Defendant of the execution of the procedure for the registration of ownership transfer of the instant real estate at the same time with the payment of the remainder of KRW 70 million from the Plaintiff according to the instant sales contract on January 16, 2020, but the Defendant filed the instant lawsuit against the Defendant who did not comply therewith.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, and purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay the remainder of KRW 70 million under the sales contract of this case to the plaintiff at the same time when he received payment from the plaintiff for the transfer of ownership on September 30, 2009 for the real estate of this case.

In regard to this, the defendant is ten years after the conclusion of the contract of this case.

arrow