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(영문) 부산지방법원 2021.01.05 2020가단331770
소유권이전등기
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All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Article 5 of the Agreement on the Sale and Purchase of this case alleged by the plaintiffs provides that "The buyer shall reimburse the seller the amount of the intermediate payment (if there is no advance payment, the remainder) before the buyer pays the intermediate payment to the seller, and the buyer may waive the down payment and rescind the contract.

“There is a provision that the Defendants paid the intermediate payment before the Defendants expressed their intent for the rescission of the instant sales contract. As such, the Defendants’ expression of intent to cancel the sales contract thereafter cannot take effect.

Thus, the sales contract of this case is still valid, and the defendants had been cancelled.

C. Therefore, even if the plaintiffs pay the remainder on the remainder payment date stipulated in the instant sales contract, it is difficult to expect the defendants to perform their duty of registration of transfer of ownership, and thus, it is also necessary to claim in advance.

I would like to say.

Therefore, the Defendants received the remainder of KRW 34,400,50 from the Plaintiff on January 6, 2021 and, at the same time, are obligated to implement the registration procedure for ownership transfer on the instant real estate as of April 25, 2020.

2. Facts of recognition;

A. On April 25, 2020, the Plaintiffs, as married couple, purchased each real estate (hereinafter “the instant real estate”) listed in the separate list of real estate jointly owned by the Defendant (hereinafter “the instant real estate”) from Defendant Co-ownership, and concluded a sales contract to pay KRW 259,70,500,000 on the date of entering into the contract, and the down payment of KRW 26 million shall be paid on the date of entering into the contract, and KRW 25,30,000,000,000,000 in an intermediate payment of KRW 174,40,50 on May 29, 2020, and the remaining amount of KRW 34,40,50 on January 6, 2021 (hereinafter “the instant sales contract”).

On the other hand, Article 5 of the instant sales contract provides that “The buyer pays the intermediate payment (if there is no intermediate payment, the remainder) to the seller before the buyer pays the intermediate payment, the seller shall pay the down payment and the buyer shall pay the down payment.

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