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(영문) 수원지방법원안양지원 2017.12.01 2016가합100411
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On August 18, 2014, D concluded a real estate sales contract with the Defendant on behalf of the Plaintiffs (hereinafter “instant contract”) with the following content.

Seller: Defendant and buyer: Plaintiff A and one other

1. The location of the indication of real estate, and 15 pieces E, Chungcheongnam-do, Chungcheongnam-do, and 15 parcels;

2. As to the sale of the above real estate, Article 1 (Purpose) of the terms of the contract, the seller and the buyer, by agreement, shall pay the sales amount as follows:

The purchase price of KRW 1.3 billion, the down payment of KRW 1.3 million (payment and receipt at the time of a contract) and the intermediate payment of KRW 700 million (payment by succession to bank loans) shall be paid on September 18, 2014, and the balance of KRW 4.7 million shall be paid on October 17, 2014.

Matters of special agreement

2. The purchaser shall succeed to the loan and substitute the intermediate payment;

3. The seller shall change the name of the owner and all authorization and permission, and change the name of the owner to the buyer simultaneously with any balance; and

4. The balance date may be determined by mutual agreement.

8. The purchaser shall bear the authorization and permission on the land for sale and purchase and the settlement of all other expenses.

B. The Defendant received down payment of KRW 130 million on August 18, 2014.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant should implement the procedure for the transfer registration of ownership on each real estate listed in the separate sheet to the plaintiffs, unless there are special circumstances.

B. On October 17, 2014, the remainder payment date of the Defendant’s assertion, the F General Law Office decided to complete the process of loan succession, but Plaintiff A did not go.

Although the remainder date was extended on January 31, 2015, Plaintiff A did not appear again.

Since then, the defendant gives peremptory notice to D, who is an agent, and on February 25, 2015, the contract of this case was cancelled by the plaintiff A's declaration of intent to cancel the contract.

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