logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2021.01.13 2020가합11967
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 18, 2019, the Plaintiff and the Defendant entered real estate in the separate sheet No. C and No. 89 from the Defendant, in total 84 parcels, but according to the Plaintiff’s assertion and evidence No. 1, the Plaintiff’s objective of the instant sales contract is “T et al., c and 89 parcels” as above, since there is no dispute between the parties, it is recognized as such.

The purchase price of the land (hereinafter “instant land”) is KRW 9888,00,000,000, and the down payment is KRW 100,000,000 on April 15, 2019 and the remainder of KRW 8888,00,000 is replaced with the pre-sale deposit paid on April 15, 2019, and the sales contract was concluded to pay the purchase price on July 18, 2019 (hereinafter “instant sales contract”).

The main contents of the above sales contract are as follows:

If a purchaser under Article 2 (Penalties) of the Real Estate Sale Contract fails to pay an intermediate payment and any balance of the purchase-price under Article 1 at the designated date, the purchaser shall be required to additionally pay to the seller the delayed amount calculated by applying the self-regulation of 15% per annum to the purchase-price under Article 1 from the day following the due date to the date of actual payment, but the number of days of arrears exceeds 30 days, the contract shall be rescinded without a separate notice.

Provided, That this shall not apply where there is an agreement between the parties.

Article 3 (Method of Performance of Contract) The seller shall deliver to the buyer or any person designated by the buyer all the documents, such as all the documents mentioned above, the ownership to be transferred to the buyer at the same time as the buyer receives any balance from the buyer.

Article 5 (Delivery and Explanation of Real Estate) The delivery and surrender of real estate existing on the object of sale and purchase shall be borne by the purchaser.

Section 6. (Liability for any Defect and Burden of Risk) The seller is to deliver the subject matter of sale, as it is acquired through the auction process (D) and the buyer shall enter into this contract with the knowledge of all the liabilities existing on the subject matter of sale and purchase in detail.

.This Agreement.

arrow