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(영문) 수원지방법원 2020.01.16 2019가단513484
소유권이전등기
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Facts of recognition

On September 21, 2018, the Plaintiffs entered into a contract with the Defendant to purchase the real estate listed in the separate sheet from the Defendant with the following content, and paid the down payment of KRW 100 million:

The purchase price: The balance of KRW 100 million (the down payment shall be paid at the time of conclusion of the contract): 440 million won, and the remainder payment shall be made on March 16, 2019 / [Cancellation of the contract] Article 5 (Rescission of the contract] Before the buyer pays the remainder to the seller, the seller shall reimburse the down payment, and the buyer may waive the down payment and rescind the contract.

On March 12, 2019, the Plaintiffs deposited the remainder of KRW 440 million with the Defendant as the principal deposit in Suwon District Court No. 236, 2019.

[Ground of recognition] In light of the fact that there is no dispute, Gap evidence Nos. 1 and 9, and the fact that the judgment of the court below as to the ground for a claim as a whole for the purport of the pleadings, the defendant is obligated to implement each procedure for the registration of transfer of ownership on September 21, 2018 with respect to one half of the real estate listed in the separate sheet to the plaintiffs, except in extenuating circumstances.

On February 25, 2019, prior to the payment of the remainder, the Defendant’s assertion that the purchase and sale contract was cancelled by paying KRW 200 million, which is a part of the down payment, to the Plaintiffs, and thus, there is no obligation to implement the procedures for the registration of ownership transfer.

Judgment

Comprehensively taking account of the purport of the entire arguments as to Gap evidence Nos. 6 and 7, the defendant, on February 25, 2019, deposited KRW 200 million, which is a part of the down payment, with the Suwon District Court's Ansan Branch Branch 2019Hun-Ba297, and notified the plaintiffs of the cancellation of the sales contract.

According to the above facts of recognition, the above sales contract was legally rescinded by the exercise of the defendant's right of rescission, so the defendant's argument is reasonable.

As to this, the plaintiffs are reinforced in accordance with the agreement with the defendant, on the part of the land subject to sale.

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