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(영문) 부산지방법원 2016.01.15 2014가단46705
소유권말소등기
Text

1. The Plaintiff:

A. Defendant B is the Changwon District Court with respect to each real estate listed in the separate sheet Nos. 1, 2, and 3.

Reasons

1. Facts of recognition;

A. On April 2, 2013, the Plaintiff: (a) entered into a sales contract with D (Defendant B’s interior relationship); (b) 680/815 square meters in F forest land in Gyeongnam-si (the Plaintiff did not receive a transfer amount of KRW 25 million to D for the development of real estate; and (c) transferred the real estate in advance on December 22, 2012; and (d) each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as indicated in the separate sheet, with respect to each real estate (hereinafter “each of the instant real estate”), the purchase price of KRW 50 million in total; and (d) KRW 650 million in total (the payment date) and KRW 650 million in total (the remainder of payment date); and (e) concluded a sales contract with G real estate agents operating the said real estate agent at the time of the simultaneous performance of payment and ownership transfer registration (hereinafter “instant sales contract”).

B. D paid to the Plaintiff KRW 20 million out of the down payment on the date of the said sales contract, and KRW 30 million on April 16, 2013, but failed to prepare the remainder KRW 650 million until June 17, 2013, which is the remainder payment date.

C. The Plaintiff, on the grounds of the delay in the payment of the remainder, intended to cancel the sales contract and confiscate the down payment amount of KRW 50 million, but upon receiving a request from D to extend the payment deadline of KRW 2.7 million per month as interest for the remainder, the Plaintiff received a total of KRW 10,80,000 for four months thereafter.

On January 22, 2014, the Plaintiff received contact from I to proceed with the process of transfer of ownership (I contact the Plaintiff upon receipt of such request from D), and I, along with I, received a certificate of seal impression for real estate sale, and visited the K Korean certified judicial scrivener office located in JJ at around 10:0 a.m. on that day at around 10:0 am.

E. The Plaintiff shall prepare documents necessary for the application for registration with L/C employees in charge at the above certified judicial scrivener office.

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