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(영문) 대구지방법원포항지원 2014.10.20 2014가합814
소유권이전등기
Text

1. The defendant shall receive KRW 230,000,000 from the plaintiff, and at the same time real estate stated in the separate sheet to the plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) On February 12, 2014, the Plaintiff’s respective real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) between C and C representing the Defendant on February 12, 2014.

2) As to the sales contract, the sales contract consisting of KRW 492 million (hereinafter “instant sales contract”).

(2) Upon entering into a contract, the remainder of KRW 472 million shall be paid up to March 10, 2014, and KRW 130 million out of the remainder shall take over the obligation to return the lease deposit to the lessee of the instant real estate. 2) The Plaintiff, as the down payment, paid the Defendant KRW 12 million out of the remainder of KRW 492 million on March 10, 2014.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

B. According to the above facts of determination, the Defendant, barring special circumstances, is obligated to implement the procedure for ownership transfer registration for the instant real estate on February 12, 2014, when receiving the remainder of KRW 230 million under the instant sales contract (i.e., the remainder of KRW 472 million - KRW 130 million - the remainder of the lease deposit - KRW 112 million - the remainder of the lease deposit - the Plaintiff is obligated to implement the procedure for ownership transfer registration for the instant real estate on the ground of sale on February 12, 2014.

2. Judgment on the defendant's defense

A. The summary of the defense was that the Plaintiff did not pay KRW 230 million to the Defendant until March 10, 2014, which is the remainder payment date. Accordingly, on April 28, 2014 and May 23, 2014, the Plaintiff sent to the Plaintiff content-certified mail indicating the intent to cancel the instant sales contract on the ground of the Defendant’s failure to pay the remainder payment. As such, the instant sales contract was lawfully rescinded.

B. In the judgment of a real estate sales contract, the buyer's obligation to pay the balance and the seller's obligation to transfer ownership are concurrently performed, barring special circumstances, so the seller needs to register ownership transfer on the outstanding payment date.

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