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(영문) 대구지방법원 상주지원 2018.09.19 2018가단359
소유권이전등기
Text

1. The Defendant is on the ground of sale on November 29, 2016, with respect to each of the 1/2 shares of 2,165 square meters among the 2,165 square meters in literature-si to the Plaintiffs.

Reasons

1. Facts of recognition;

A. On November 29, 2017, Plaintiff A entered into a sales contract with the Defendant for the purchase price of KRW 460 million with respect to D 2,165 square meters (hereinafter “instant land”) owned by the Defendant (hereinafter “instant sales contract”), and paid the Defendant the down payment of KRW 40 million on the same day.

The instant sales contract, on February 22, 2017, provides that the intermediate payment of KRW 200 million shall be paid respectively on February 22, 2018, and the remainder of KRW 220 million shall be paid on February 22, 2018, and as a special agreement, the buyer may register with the buyer and one other at the time of registration.

B. After that, the Plaintiff A and the Defendant drafted a new contract specifying “one purchaser and one other” as stipulated in the special contract clause of the instant contract as Plaintiff B.

C. On February 22, 2017, Plaintiff A paid an intermediate payment of KRW 200 million to the Defendant; on the same day, Plaintiff A completed the registration of the establishment of a neighboring mortgage, which is the Plaintiffs of the right to collateral security, with respect to the instant land.

Plaintiff

A around February 5, 2018, around February 5, 2018, deposited 220 million won on the ground of the Defendant’s refusal to receive the remainder of the purchase price of the instant land.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 9, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the Plaintiff’s claim, according to the instant sales contract, the Defendant is obligated to implement the registration procedure for transfer of ownership for each of the instant land 1/2 shares to the Plaintiffs on November 29, 2016, pursuant to the instant sales contract.

B. The summary of the Defendant’s assertion 1 regarding the Defendant’s assertion ① The Plaintiffs rescinded the instant sales contract due to the difficulty in making an intermediate payment loans, and completed the registration of establishment of the relocation of KRW 200 million deposited on such terms.

② Plaintiff B is not a party to the instant sales contract, and the Defendant was unaware of the Plaintiff B, and the Defendant is obligated to transfer ownership to Plaintiff B.

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