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(영문) 부산지방법원 서부지원 2018.07.19 2017가합102513
소유권이전등기
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Article 2 (Transfer, etc. of Ownership) of the fact of recognition, upon receipt of any balance of the purchase price, a seller shall deliver all documents necessary for the registration of transfer of ownership to a purchaser and cooperate with the registration procedure, and the date of delivery of the instant real estate shall be July 29, 2016.

Article 3 (Extinguishment of Restricted Real Rights, etc.) If any ground exists to restrict the exercise of ownership, such as a mortgage, superficies, right of lease, etc. established on the real estate in this case or there is any unpaid amount of taxes and other charges, the seller shall remove the defects, burdens, etc. of such rights and transfer the full ownership to the

except in cases of rights and amounts agreed to succeed.

Article 5 (Cancellation of Contract) The seller may reimburse the seller of the intermediate payment (if there is no intermediate payment, the remainder) before the buyer pays the intermediate payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has defaulted on the terms and conditions of this contract, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

The seller shall cancel the collateral security (G: the maximum debt amount - 469,00,00 won) and superficies established by the special agreement at the same time as the remainder payment is made.

On June 17, 2016, the Plaintiffs agreed to purchase the purchase price of KRW 1,155,000,000 (the contract amount of KRW 50,000,000) for the purchase price of KRW 1,155,000 (the contract amount of KRW 50,000 shall be paid at the time of the contract, and the balance of KRW 1,105,000 shall be paid on July 29, 2016) from the Defendants, each of which was jointly owned by the Defendants as one-half shares, (hereinafter “instant contract”).

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