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(영문) 창원지방법원 2014.07.02 2013가합6209
소유권이전등기
Text

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

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

Reasons

1. Basic facts

A. (1) The conclusion, etc. of a sales contract) Defendant B’s husband D, Defendant C, and E are each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

(2) On September 6, 2004, the Plaintiff purchased each of the real estate of this case under the name of Defendant B and completed the registration of transfer of ownership under the name of Defendant C on April 14, 2004 by purchasing each of the real estate listed in the separate sheet No. 3, 4, and 5 in the real estate auction procedure, and completed the registration of transfer under the name of Defendant C on October 12, 2005 by purchasing the real estate listed in the separate sheet No. 6 in the separate sheet No. 1, No. 1, 2004, and purchasing each of the real estate of this case under the name of Defendant C around October 14, 2004 (hereinafter “the sales contract of this case”). The main contents are as follows.

The contract deposit under Article 2 of the Real Estate Sales Contract Act: The intermediate payment of KRW 525 million (the payment is completed on the date of conclusion of the above contract): KRW 575 million (475 million shall be paid by the plaintiff (the interest accrued after the contract date) who takes over the obligation for the loan from the agricultural cooperative as security each of the instant real estate, and the KRW 100 million shall be paid by May 31, 2008): The balance shall be paid by 80 million won (the interest accrued after the contract date shall be paid by December 30, 2008), but the amount of KRW 400 million may be extended by December 30, 2009 by agreement between the parties). The seller shall compensate for the amount of the contract deposit at the time of the termination of the contract, and the buyer shall waive the contract deposit and not claim the return of the contract deposit.

Matters of special agreement

1. Payment of the down payment of KRW 525 million and at the same time a provisional registration of transfer of ownership is made for each of the real estates in this case.

2. The transfer registration of ownership is to be made before January 31, 2008, and the seller is responsible for and cancelled for the limited rights such as provisional seizure and provisional disposition on the register until the transfer of ownership is made.

3...

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