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(영문) 의정부지방법원 2019.06.12 2018가단116552
제3자이의
Text

1. The part concerning the claim for confirmation of ownership among the instant lawsuit is dismissed.

2. For movables listed in the separate sheet:

A. Defendant.

Reasons

1. Basic facts

A. On February 21, 2017, the Plaintiff and the Selected F, G (hereinafter collectively referred to as the “Plaintiffs”) entered into a sales contract with Defendant D to sell the H building I, J, and K (hereinafter referred to as “instant real estate”) of Gyeonggi-do, Gyeonggi-do, for KRW 1,525,00,000 (hereinafter referred to as the “instant sales contract”), and the down payment of KRW 100,000,000 on the date of the contract, agreed to receive each payment on February 28, 2017, and delivered the instant real estate and internal facilities to Defendant D.

B. On February 28, 2017, the above remaining payment date, the Plaintiffs prepared documents necessary for the procedures for the registration of ownership transfer of the instant real estate, including a certificate of personal seal impression for sale, and went to Defendant D. However, Defendant D did not go to the place promised on the grounds that the balance was not prepared.

C. On March 27, 2017, the Plaintiffs sent a content-certified mail to cancel the instant sales contract and confiscate the down payment if they did not perform the remainder payment to Defendant D by March 31, 2017, which reached Defendant D around that time.

Accordingly, on March 30, 2017, Defendant D requested that the payment date of the balance be postponed on April 20, 2017, and the Plaintiffs accepted the said request and sent to Defendant D a letter of content-certified mail to cancel the instant sales contract and confiscate the down payment without any separate peremptory notice if the balance is not paid until April 20, 2017. This reached Defendant D around that time.

E. Defendant D failed to pay the balance even on April 20, 2017, which is the extended payment date, and the Plaintiffs, upon Defendant D’s request, drafted an agreement with Defendant D on July 20, 2017 to extend the payment period that includes the following:

(hereinafter “instant agreement”). 1. As to the instant real estate, KRW 1,525,00,000 on February 21, 2017;

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