(영문) 의정부지방법원 2018.08.16 2017가합497

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(영문) 의정부지방법원 2018.08.16 2017가합497

소유권 이전 등

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 27, 2016, the Defendant completed the registration of ownership transfer for reasons of the public sale conducted on June 27, 2016 (i.e., seizure or mortgage registration, etc. existing in the instant real estate due to the public sale) and completed the registration of ownership transfer for reasons of the public sale conducted on June 27, 2016 (i.e., the registration of seizure or mortgage registration, etc. existing in the instant real estate due to the public sale) with the maximum amount of debt KRW 794,00,000, and the debtor’s establishment of mortgage

B. On December 13, 2016, the Plaintiff and the Defendant concluded a sales contract with respect to the instant real estate as indicated below (hereinafter “instant sales contract”). On the same day, the Plaintiff paid 10,000,000 won out of the down payment to the Defendant.

Article 1 (Purpose) Sales Price: 870,000,000 Won: 80,000,000 won shall be paid and received at the time of the contract: The seller shall pay and receive the loan in the amount of 794,00,000 won.

Any balance: 790,000,000 won shall be paid on February 28, 2017.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all necessary documents to the buyer prior to the registration of ownership and cooperate with the buyer at the same time with the receipt of the balance of the purchase price, and the delivery date of the said real estate shall be February 28, 2017.

Article 3 (Expiration, etc. of Restricted Real Rights) If a reason exists to restrict the exercise of ownership, such as a mortgage, superficies, right of lease, etc. established on the above real estate, 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 buyer

except in cases of rights and amounts agreed to succeed.

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) The seller or the buyer shall observe the terms of this Agreement.

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