(영문) 서울중앙지방법원 2016.09.21 2016나126

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(영문) 서울중앙지방법원 2016.09.21 2016나126

손해배상(기)

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1. Upon a claim that has been changed in exchange at the trial, the defendant is paid KRW 200,000 by the plaintiff.

Reasons

1. Basic facts

A. On June 16, 2003, the Plaintiff’s husband, concluded a sales contract of KRW 200,000,000 for each of the real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”) with the Defendant (hereinafter “instant sales contract”).

B. On July 15, 2003, C received a total of KRW 200,000,000 under the instant sales contract from the Defendant, and completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) with respect to each of the instant real property as the receipt No. 69275 on July 15, 2003, as to the Defendant’s each of the instant real property as to the purchase and sale reservation of the same date.

C. C died on September 24, 2013, and at the time of death, C was deceased as the heir and the heir were D. D.

D On October 1, 2014, a written renunciation of inheritance was prepared and issued to the Plaintiff to the effect that all the rights and obligations regarding each of the instant real estate were transferred and delegated, and on July 15, 2015, notified the Defendant that all the claims regarding each of the instant real estate were transferred to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 5, 10 evidence, Eul 1 (including additional numbers), the purport of the whole pleadings

2. The parties' assertion

A. According to the plaintiff's argument, although C purchased each of the real estate of this case and leased it to F after purchasing each of the real estate of this case, but it did not make monthly rent revenue as of March 29, 2005, and C expressed C's intention to cancel the contract of this case at that time. Thus, it is reasonable to view that the contract of this case was terminated at the latest on March 29, 2005, since C had expressed C's intention to cancel the contract of this case.

Therefore, the defendant is obligated to implement the procedure for cancellation registration of the provisional registration of this case to the plaintiff.

In addition, the provisional registration of this case is the sales contract of this case.

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