(영문) 창원지방법원 2017.06.29 2016가단12017

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(영문) 창원지방법원 2017.06.29 2016가단12017

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1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On November 10, 2015, the Plaintiffs entered into a sales contract with the Defendants to purchase KRW 259 square meters (hereinafter “instant real estate”) for KRW 300 million in the purchase price (hereinafter “instant sales contract”), and the main contents are as follows.

The time of payment: 10 million won of the down payment: The date of the contract, the intermediate payment of which is KRW 30 million on the date of the contract, December 30, 2015, and the balance of KRW 260 million on the date of the contract, shall be KRW 260,000 on February 10, 2016.

1. The remainder of a loan made in the name of the purchaser (the plaintiff) shall be the payment key, and the seller (the defendant) shall make the payment key as security;

2. The transfer of registration shall be made within three months after the balance is paid;

3. The name of the building permit shall be changed in the name of the owner when the remaining payment is made after the seller has made it in the future, and the buyer shall bear all the expenses for the building permit.

B. The Plaintiffs paid each of the Defendants on January 5, 2016, the contract deposit of KRW 10 million on the date of the contract, and the intermediate payment of KRW 30 million on the date of the contract.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 and 5 (including provisional number), the purport of the whole pleadings

2. According to the facts found in the determination as to the cause of the claim, the Defendants are obligated to implement the registration procedure for transfer of ownership on November 10, 2015 with respect to each of one-half shares of the instant real estate to the Plaintiffs, except in extenuating circumstances.

3. Determination as to the defendants' defense

A. The following facts can be acknowledged in full view of the evidence Nos. 2 to 4 of the instant sales contract (the cancellation of the instant sales contract) (including each number, and the purport of the entire pleadings).

① The Plaintiffs failed to pay any balance by February 10, 2016, which is the remaining payment date of the instant sales contract.

② The Plaintiffs and the Defendants agreed to extend the remainder payment date on February 16, 2016 by February 24, 2016.

③ The Plaintiffs failed to pay any balance by February 24, 2016, and the Defendants on February 26, 2016.

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